Document ID: chunk:federal_register_of_legislation:C2024C00854:section:49:p1
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 49 (pt 1/4)
Character Range: 178993–181545

49  Reproducing and communicating works by libraries and archives for users
 (1) A person may furnish to the officer in charge of a library or archives:
 (a) a request in writing to be supplied with a reproduction of an article, or a part of an article, contained in a periodical publication or of the whole or a part of a published work other than an article contained in a periodical publication, being a periodical publication or a published work held in the collection of a library or archives; and
 (b) a declaration signed by him or her stating:
 (i) that he or she requires the reproduction for the purpose of research or study and will not use it for any other purpose; and
 (ii) that he or she has not previously been supplied with a reproduction of the same article or other work, or the same part of the article or other work, as the case may be, by an authorized officer of the library or archives.
 (2) Subject to this section, where a request and declaration referred to in subsection (1) are furnished to the officer in charge of a library or archives, an authorized officer of the library or archives may, unless the declaration contains a statement that to his or her knowledge is untrue in a material particular, make, or cause to be made, the reproduction to which the request relates and supply the reproduction to the person who made the request.
Note: The reproduction could be made from another reproduction of the article or published work in the collection of the library or archives that was made without infringing copyright because of subsection 113H(1) (Preservation).
 (2A) A person may make to an authorized officer of a library or archives:
 (a) a request to be supplied with a reproduction of an article, or part of an article, contained in a periodical publication, or of the whole or a part of a published work other than an article contained in a periodical publication, being a periodical publication or a published work held in the collection of a library or archives; and
 (b) a declaration to the effect that:
 (i) the person requires the reproduction for the purpose of research or study and will not use it for any other purpose;
 (ii) the person has not previously been supplied with a reproduction of the same article or other work, or the same part of the article or other work, as the case may be, by an authorized officer of the library or archives; and
 (iii) by reason of the remoteness of the person's location, the person cannot conveniently furnish to the officer in charge of the library or archives