Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:6_51b:p1
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 6 cl 51B (pt 1/2)
Character Range: 165491–168159

51B  Making preservation copies of significant works in key cultural institutions' collections

 (1) This section applies in relation to a work held in the collection of a library or archives if:
 (a) the body administering the library or archives:
 (i) has, under a law of the Commonwealth or a State or Territory, the function of developing and maintaining the collection; or
 (ii) is prescribed by the regulations for the purposes of this subparagraph; and
 (b) an authorized officer of the library or archives is satisfied that the work is of historical or cultural significance to Australia.

Manuscript

 (2) If the work is held in the form of a manuscript, the copyright in the work is not infringed by an authorized officer of the library or archives making up to 3 reproductions of the work from the manuscript for the purpose of preserving it against loss or deterioration.

Original artistic work

 (3) If the work is held in the form of an original artistic work, the copyright in the work is not infringed by an authorized officer of the library or archives making up to 3 comprehensive photographic reproductions of the work from the original artistic work for the purpose of preserving it against loss or deterioration if the officer is satisfied that a photographic reproduction (not being a second‑hand reproduction) of the work cannot be obtained within a reasonable time at an ordinary commercial price.

Published work

 (4) If the work is held in published form, the copyright in the work is not infringed by an authorized officer of the library or archives making up to 3 reproductions of the work from the copy held in the collection, for the purpose of preserving the work against loss or deterioration, if the officer is satisfied that:
 (a) a copy (not being a second‑hand copy) of the work, or of the edition in which the work is held in the collection, cannot be obtained within a reasonable time at an ordinary commercial price; and
 (b) if the officer is satisfied that a copy (not being a second‑hand copy) of another edition of the work can be obtained within a reasonable time at an ordinary commercial price—it is appropriate that the reproduction should be made from the copy of the work held in the collection.

Electronic copies and commercial availability

 (5) In determining for the purposes of subsection (3) or (4) whether a reproduction or copy (not being a second‑hand reproduction or copy) of the work, or of a particular edition of the work, cannot be obtained within a reasonable time at an ordinary commercial price, the authorized officer must take into account whether an electronic copy of the work or edition can