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There are currently no known outstanding effects for the Copyright, Designs and Patents Act 1988, Section 41.
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(1)A librarian may, if the conditions in subsection (2) are met, make a single copy of the whole or part of a published work and supply it to another library, without infringing copyright in the work.
(2)The conditions are—
(a)the copy is supplied in response to a request from a library which is not conducted for profit, and
(b)at the time of making the copy the librarian does not know, or could not reasonably find out, the name and address of a person entitled to authorise the making of a copy of the work.
(3)The condition in subsection (2)(b) does not apply where the request is for a copy of an article in a periodical.
(4)Where a library makes a charge for supplying a copy under this section, the sum charged must be calculated by reference to the costs attributable to the production of the copy.
(5)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.]
Textual Amendments
F1Ss. 41-43A substituted (1.6.2014) for ss. 41-43 by The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 (S.I. 2014/1372), regs. 1, 5(2)
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