Copyright and Other Intellectual Property Law Provisions Act 2019

Amendment of section 233 of Principal Act

32. Section 233 of the Principal Act is amended—

(a) in subsection (2), by the substitution of “Subsection (1) shall apply to copying conducted for the curatorial purposes specified in that subsection” for “This section shall apply to copying conducted for the curatorial purposes specified in subsection (1)”, and

(b) by the insertion of the following subsections:

“(3) Subject to subsection (4), the librarian or archivist of a prescribed library or prescribed archive may, where the prescribed conditions are complied with, make a copy of a recording of a performance in the permanent collection of the library or archive for the purposes of—

(a) compiling or preparing a catalogue, or

(b) publishing an image or clip from the recording in a catalogue relating to an exhibition,

without infringing any copyright in that recording.

(4) Subsection (3) shall apply to copying—

(a) conducted for the curatorial purposes referred to in that subsection,

(b) to an extent reasonably justified by the non-commercial purpose to be achieved, and

(c) accompanied by a sufficient acknowledgement.”.