Page:Australian Copyright Act 1968 (63 of 1968).pdf/23

 No. 63 Division 5.—Copying of Works in Libraries.

48. In this Division—
 * (a) a reference to an article contained in a periodical publication is a reference to anything (other than an artistic work) appearing in such a publication; and
 * (b) a reference to a librarian of a library includes a reference to a person in charge of a library.

49.—(1.) Subject to this section, the copyright in an article contained in a periodical publication is not infringed by the making of a copy of the article or of part of the article by or on behalf of the librarian of a library that is not established or conducted for profit.

(2.) Subject to this section, the copyright in a published literary, dramatic or musical work other than an article contained in a periodical publication is not infringed by the making of a copy of part of the work by or on behalf of the librarian of a library that is not established or conducted for profit.

(3.) The last two preceding sub-sections do not apply in relation to a copy of an article, or of part of an article, contained in a periodical publication or a copy of part of any other published literary, dramatic: or musical work, as the case may be, unless―
 * (a) the copy is supplied only to a person who satisfies the librarian, or a person acting on behalf of the librarian, that he requires the copy for the purpose of research or private study and that he will not use it for any other purpose or, if the person is a member of a Parliament and the librarian is the librarian of a library the principal purpose of which is to provide library services for members of that Parliament, that he requires the copy for the purpose of the performance of his duties as such a member and that he will not use it for any other purpose;
 * (b) the person to whom the copy is supplied has not previously been supplied by the librarian, or by a person acting on behalf of the librarian, with a copy of the same article or part of an article or of the same part of a work; and
 * (c) where the copy is supplied to a person other than a member of a Parliament the person is required to pay for the copy an amount not less than the cost of making the copy.

(4.) Sub-section (1.) of this section does not apply in relation to a copy of, or of parts of, two or more articles contained in the same periodical publication unless the articles relate to the same subject-matter.

(5.) Sub-section (2.) of this section does not apply in relation to a copy of part of a published literary, dramatic or musical work unless the copy contains only a reasonable portion of the work.