Document ID: chunk:federal_register_of_legislation:C2017A00049:clause:1_113h
Version: federal_register_of_legislation:C2017A00049
Segment Type: clause
Provision Reference: sch 1 cl 113H
Character Range: 8584–10061

113H  Preservation
 (1) An authorized officer of a library or archives does not infringe copyright in copyright material by using the material if:
 (a) the use is for the purpose of preserving the collection comprising that or another library or archives; and
 (b) either or both of the following subparagraphs apply:
 (i) the authorized officer's library or archives holds the material in original form;
 (ii) the authorized officer is satisfied that a copy of the material cannot be obtained in a version or format that is required for that purpose, consistent with best practice for preserving such collections.
 (2) An authorized officer of a library or archives does not infringe copyright in copyright material (the preservation copy) by making the preservation copy available to be accessed at the library or archives if:
 (a) subsection (1) applied to the making of the preservation copy because it was done for the purpose of preserving the collection comprising the library or archives; and
 (b) the preservation copy is in electronic form; and
 (c) the body administering the library or archives takes reasonable steps to ensure that a person who accesses the preservation copy at the library or archives does not infringe copyright in the preservation copy.
Note: Other uses of the preservation copy might not infringe copyright because of other provisions of this Act, such as section 49 (Reproducing and communicating works by libraries and archives for users).