Page:Copyright Regulations 1978 from Government Gazette.djvu/3

 user and the library or archive depot has had no notice that the copy would be used for any purpose other than for private study or the personal or private use of the person using the work;

(g) the library or archive depot shall display prominently, at the place where orders are accepted, and include on its order form, a copyright warning in terms of regulation 6;

(h) the rights of reproduction and distribution shall apply to the entire work, or to a substantial portion of it, copied 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, if the library or archive depot has first determined, on the basis of a reasonable investigation, that an unused copy of the copyrighted work cannot be obtained at a fair price: Provided that—

(i) the copy shall become the property of the user, and the library or archive depot has had no notice that the copy would be used for any purpose other than private study or the personal or private use of the person using the work; and

(ii) the library or archive depot shall display prominently, at the place where orders are accepted, and include on its order form, a copyright warning in terms of regulation 6.

Exemptions and savings

4. Nothing in these regulations contained—

(a) shall be construed as imposing any liability for copyright infringement upon a library or archive depot or its employees for the unsupervised use of reproducing equipment located on its premises: Provided that a notice that the making of a copy may be subject to the Copyright Act, 1978, shall be prominently displayed on such equipment;

(b) shall absolve any person who uses such reproducing equipment or who requests a copy under regulation 3 (f) from liability for copyright infringement for any such act, or for any later use of such copy, if it exceeds the extent of the copying permitted under the Act;

(c) shall in any way affect any contractual obligations assumed at any time by the library or archive depot when it obtained a copy of a work for its collection.

Multiple copies

5. (1) The rights of reproduction and distribution shall extend to the isolated and unrelated reproduction or distribution of a single copy of the same material on separate occasions, but shall not extend to cases where the library or archive depot or its employee—

(a) is aware or has substantial reason to believe that it is engaging in the related or concerted reproduction or distribution of multiple copies of the same material, other than periodical articles of a scientific or technical nature, whether made on one occasion or over a period of time, and whether intended for aggregate use by one or more individuals or for separate use by the individual members of a group; or