Page:Copyright Act 2021.pdf/153

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(2) The conditions are—

(a) the material is unpublished old material in a public collection;

(b) the copy or communication is made for the purpose of research or study;

(c) the copy or communication is made with a view to publishing the material; and

(d) the copy or communication is made by an authorised officer of the public collection and supplied to a person, and the officer is satisfied that the person—

(i) needs the copy or the material for research or study, or with a view to publication; and

(ii) will not use it for any other purpose.

(3) 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).

(4) In this section and section 230, any material is “unpublished old material in a public collection” if—

(a) the material has not been published;

(b) the original version or a copy of the material—

(i) is part of a public collection; and

(ii) is, subject to any regulations governing that collection, open to public inspection;

(c) where the material is an authorial work—

(i) more than 75 years have passed—

(A) since the work was made; or

(B) if the work was made over a period—since the end of that period; and