Copyright Act 1994

Acts permitted in relation to copyright works - Libraries and archives

55: Copying by librarians or archivists to replace copies of works

You could also call this:

"Librarians can copy items to replace lost or damaged ones without breaking copyright rules."

Illustration for Copyright Act 1994

You can make a copy of an item in a library or archive to replace it if the original is lost or damaged. You do not infringe copyright when you make this copy. You can only make the copy if you cannot buy a replacement. You can make a digital copy of an item if it is at risk of being lost or damaged. The digital copy replaces the original item. People can only access the original item for research purposes. You can also make a digital copy to replace an item in another library or archive that has been lost or damaged. You can only do this if you cannot buy a replacement. This helps keep important items safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345988.

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54: Copying by librarians for collections of other libraries, or

"Librarians can copy books for other libraries that cannot buy them, and pay the owner a fair fee."


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56: Copying by librarians or archivists of certain unpublished works, or

"Librarians can copy unpublished works for research or study if they follow the rules"

Part 3Acts permitted in relation to copyright works
Libraries and archives

55Copying by librarians or archivists to replace copies of works

  1. The librarian of a prescribed library or the archivist of an archive may make a copy (other than a digital copy) of any item in the collection of the library or archive for the purposes of—

  2. preserving or replacing that item by placing the copy in the collection of the library or archive in addition to or in place of the item; or
    1. replacing in the collection of another prescribed library or archive an item that has been lost, destroyed, or damaged,—
      1. without infringing copyright in any work included in the item.

      2. Subsection (1) applies only where it is not reasonably practicable to purchase a copy of the item in question to fulfil the purpose.

      3. The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the original item) in the collection of the library or archive without infringing copyright in any work included in the item if—

      4. the original item is at risk of loss, damage, or destruction; and
        1. the digital copy replaces the original item; and
          1. the original item is not accessible by members of the public after replacement by the digital copy except for purposes of research the nature of which requires or may benefit from access to the original item; and
            1. it is not reasonably practicable to purchase a copy of the original item.
              1. The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the original item) in the collection of the library or archive without infringing copyright in any work included in the item if—

              2. the digital copy is used to replace an item in the collection of another prescribed library or archive that has been lost, damaged, or destroyed; and
                1. it is not reasonably practicable to purchase a copy of the original item.
                  Notes
                  • Section 55(1): amended, on , by section 35(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                  • Section 55(3): added, on , by section 35(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
                  • Section 55(4): added, on , by section 35(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).