146
NO. 22 OF 2021
(2) The conditions are—
- (a) the material is part of a public collection;
- (b) the copy or communication is made by or on behalf of the custodian of the public collection;
- (c) the material is copied or communicated, and supplied to the public, for the purpose of publicising an exhibition of the material that is held—
- (i) by or on behalf of the custodian of the public collection; and
- (ii) at any premises that are open to the public (whether for a fee or otherwise);
- (d) the copy is not used for any other purpose and is not sold as merchandise;
- (e) the copy is not a reasonable substitute for the material; and
- (f) any fee charged for the copy (or any material that includes the copy) does not exceed the cost of making and supplying the copy (or any material that includes the copy) plus a reasonable contribution to the general expenses of the public collection.
(3) For the purposes of subsection (2)(e)—
- (a) relevant factors include the extent of copying and any difference in quality between the copy and the material that is copied; and
- (b) a copy of the whole or substantially the whole of a film or recording is taken to be a reasonable substitute of the film or recording.
(4) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies—
- (a) is not to be treated as publishing the material (or any work or recording included in the material); and
- (b) must be ignored in determining the duration of any copyright in the material (or the included work).
