Copyright and Other Intellectual Property Law Provisions Act 2019

Fair dealing by librarians and archivists

33. The Principal Act is amended by the insertion of the following section after section 235:

“235A. (1) Without prejudice to the generality of section 50(1), the communication, by a librarian or archivist of a prescribed library or prescribed archive, to members of the public of recordings of performances 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 recording 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) but subject to subsection (3), the brief and limited display of a still image or very short clip from a recording of a performance in the permanent collection of a prescribed library or prescribed archive—

(a) either—

(i) in that library or another prescribed library or in that archive or another prescribed archive, or

(ii) by the librarian or archivist of the first-mentioned library or archive, by another person acting under the authority of that librarian or archivist,

and

(b) during a public lecture given—

(i) in that library or another prescribed library or in that archive or another prescribed archive,

(ii) by the librarian or archivist of the first-mentioned library or archive or by another person acting under the authority of that librarian or archivist,

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

(3) Subsection (2) shall not apply unless the communication or display is—

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

(b) accompanied by a sufficient acknowledgement.

(4) The communication through the Internet or otherwise of the display referred to in subsection (2) shall constitute fair dealing for the purposes of section 50(1) where the display is—

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

(b) accompanied by a sufficient acknowledgement.”.