COPYRIGHT
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- (d) a recording of a protected performance.
(2) The conditions are—
- (a) the material was or is part of a public collection;
- (b) the copy is made by or on behalf of the custodian of the public collection;
- (c) the copy is—
- (i) made to preserve the material against loss, deterioration or damage;
- (ii) made in a different format from the format in which the material is embodied, to preserve the material against the obsolescence of the latter format;
- (iii) made to replace the material because of loss, deterioration or damage; or
- (iv) made for some other purpose;
- (d) if the copy is made under paragraph (c)(i) or (ii)—the copy is not made accessible to the public, except to replace a copy of the material that was previously accessible to the public;
- (e) if the copy is made under paragraph (c)(i), (ii) or (iii)—before the copy is made, an authorised officer of the public collection—
- (i) makes a reasonable investigation; and
- (ii) declares that he or she is satisfied that a new copy of the material (or, in the case of paragraph (c)(ii), a new copy of the material in the different format) could not be obtained within a reasonable time at an ordinary commercial price;
- (f) if the copy is made under paragraph (c)(iv)—the copy is the sole copy made under this section; and
- (g) the copy is notated according to section 301.
