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Format shifting by librarians or archivists
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18. The Principal Act is amended by the insertion of the following section after section 68:
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“68A. (1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part where the librarian or archivist of a prescribed library or prescribed archive makes, or causes to be made, a copy of a work, in the permanent collection of the library or archive, in a different form to that which the copy takes if—
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(a) that librarian or archivist lawfully uses the means used to make the copy, and
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(b) the copy is made solely for preservation or archival purposes where those purposes are neither directly nor indirectly commercial.
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(2) Subsection (1) shall not apply where—
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(a) the work being copied is an infringing copy, and
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(b) the librarian or archivist making the copy, or causing it to be made, did not have reasonable grounds for believing that the work was not an infringing copy.”.
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