Copyright and Other Intellectual Property Law Provisions Act 2019

Fair dealing by librarians and archivists

19. The Principal Act is amended by the insertion of the following section before section 70:

“69A. (1) Without prejudice to the generality of section 50(1), the communication, by the librarian or archivist of a prescribed library or prescribed archive, to members of the public of copies of works in the permanent collection of the library or archive, by dedicated terminals on the premises of the library or archive, shall constitute fair dealing with the works for the purposes of that section where the communication is—

(a) undertaken for the sole purpose of education, teaching, research or private study, and

(b) accompanied by a sufficient acknowledgement.

(2) Without prejudice to the generality of section 50(1), the brief and limited display of a copy of a work—

(a) either—

(i) in a prescribed library or prescribed archive or by the librarian or archivist of a prescribed library or prescribed archive, or

(ii) during the course of a public lecture given in a prescribed library or prescribed archive or given by the librarian or archivist of a prescribed library or prescribed archive,

(b) undertaken for the sole purpose of education, teaching, research or private study where such purpose is neither directly nor indirectly commercial, and

(c) accompanied by a sufficient acknowledgement,

shall constitute fair dealing with the work for the purposes of section 50(1).”.