Page:Copyright Regulations 1978 from Government Gazette.djvu/2

 (vi) “the office” and “the Registrar” mean, respectively, the office of the Registrar of Patents where the court records of the Tribunal shall be kept, and the Registrar of Patents as defined by section 7 of the Patents Act, 1978 (Act 57 of 1978);

(vii) “the Tribunal” means the Copyright Tribunal established by section 29 of the Act.

Permitted reproduction

2. The reproduction of a work in terms of section 13 of the Act shall be permitted—

(a) except where otherwise provided, if not more than one copy of the work or of a reasonable portion thereof is made, having regard to the totality and meaning of the work; and

(b) if the cumulative effect of the reproductions does not conflict with the normal exploitation of the work to the unreasonable prejudice of the legal interest and residuary rights of the author.

Reproduction by library or archive depot

3. Subject to the provisions of regulation 2, a library or archives depot or any of its employees acting within the scope of their employment may, after reproduction of a copy of a work, distribute such copy on the following conditions:

(a) The reproduction or distribution shall not be made with any intention of deriving direct or indirect commercial advantage;

(b) the collections of the library or archive depot shall be open to the public or available to researchers affiliated to the library or archive depot or to the institution of which it is a part, and to other persons doing research in a specialised field;

(c) the reproduction of the work shall incorporate a copyright warning;

(d) the rights of reproduction and distribution shall apply to a copy of an unpublished work duplicated in facsimile form solely for purposes of preservation and security or for deposit, for research use, in another library or archive depot: Provided that the copy reproduced is to be placed in the collection of the library or archive depot;

(e) the right of reproduction shall apply to a copy of a published work duplicated in facsimile form solely for the purpose of replacement of a copy that is deteriorating or that has been damaged, lost, or stolen: Provided that the library or archive depot has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price;

(f) the rights of reproduction and distribution shall apply to a copy, made from the collection of a library or archive depot to which the user addressed his request or from that of another library or archive depot, of not more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy of a reasonable portion of any other copyrighted work: Provided that the copy shall become the property of the