Page:Copyright Act 1987.pdf/54

54 :(b) if the work is held in the collection in a published form but has been damaged or has deteriorated—for the purpose of replacing the work; or
 * (c) if the work has been held in the collection in a published form but has been lost or stolen—for the purpose of replacing the work.

(2) The copyright in a work that is held in the collection of a library or archives is not infringed by the making, by or on behalf of the officer-in-charge of the library or archives, for a purpose other than a purpose for which a copy may be made under subsection (1), of a single microform copy of the work so held.

(3) Subsection (1) shall not apply in relation to a work held in published form in the collection of a library or archives unless an authorised officer of the library or archives has, after reasonable investigation, made a declaration stating that he is satisfied that a copy (not being a second-hand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.

(4) Where a copy (including a microform copy) of an unpublished work is made under subsection (1) by or on behalf of the officer-incharge of a library or archives for the purpose of research that is being, or is to be, carried out at another library or archives, the supply of the copy by or on behalf of the officer to the other library or archives does not, for any purpose of this Act, constitute publication of the work.

Publication of unpublished works kept in libraries

49.—(1) Where—
 * (a) a published literary, dramatic or musical work (referred to in this section as the new work) incorporates the whole or a part of a work (referred to in this section as the old work) to which section 47(1) applied immediately before the new work was published;
 * (b) before the new work was published, the prescribed notice of the intended publication of the work had been given; and