Copyright, Designs and Patents Act 1988

[F143Copying by librarians or archivists: single copies of unpublished worksU.K.

(1)A librarian or archivist may make and supply a single copy of the whole or part of a work without infringing copyright in the work, provided that—

(a)the copy is supplied in response to a request from a person who has provided the librarian or archivist with a declaration in writing which includes the information set out in subsection (2), and

(b)the librarian or archivist is not aware that the declaration is false in a material particular.

(2)The information which must be included in the declaration is—

(a)the name of the person who requires the copy and the material which that person requires,

(b)a statement that the person has not previously been supplied with a copy of that material by any library or archive, and

(c)a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person.

(3)But copyright is infringed if—

(a)the work had been published or communicated to the public before the date it was deposited in the library or archive, or

(b)the copyright owner has prohibited the copying of the work,

and at the time of making the copy the librarian or archivist is, or ought to be, aware of that fact.

(4)Where a library or archive 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)Where a person (“P”) makes a declaration under this section that is false in a material particular and is supplied with a copy which would have been an infringing copy if made by P—

(a)P is liable for infringement of copyright as if P had made the copy, and

(b)the copy supplied to P is to be treated as an infringing copy for all purposes.]

Textual Amendments