COPYRIGHT
149
Research or study—copying and communicating material for users of public collection
226.—(1) If the conditions in subsection (2) are met, it is a permitted use to—
- (a) make a copy of any of the following material:
- (i) an authorial work;
- (ii) a recording of a protected performance; or
- (b) communicate the material.
(2) The conditions are—
- (a) either—
- (i) the material has been published and is part of a public collection (other than a for-profit library); or
- (ii) in the case of an authorial work, the work—
- (A) is an unpublished artistic work;
- (B) is part of a public collection (other than a for-profit library); and
- (C) is, has been or will be exhibited at an exhibition held by or on behalf of the custodian of the public collection at any premises that are open to the public (whether for a fee or otherwise);
- (b) the copy or communication is made or caused to be made—
- (i) by an authorised officer (X) of the public collection; and
- (ii) on a written request by a person (Y) to an authorised officer of the public collection for a copy of the material to be supplied to Y;
- (c) the request includes a signed declaration by Y stating that—
- (i) Y requires the copy for research or study and will not use it for any other purpose; and
