Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_75
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 75
Character Range: 29814–31606

75  Subsections 51A(2) and (3)
Repeal the subsections, substitute:

 (2) The copyright in a work that is held in the collection of a library or archives is not infringed by the making, by or on behalf of the officer in charge of the library or archives, of a reproduction of the work for administrative purposes.

 (3) The copyright in a work that is held in the collection of a library or archives is not infringed by the communication, by or on behalf of the officer in charge of the library or archives, of a reproduction of the work made under subsection (2) to officers of the library or archives by making it available online to be accessed through the use of a computer terminal installed within the premises of the library or archives with the approval of the body administering the library or archives.

 (3A) The copyright in an original artistic work that is held in the collection of a library or archives is not infringed in the circumstances described in subsection (3B) by the communication, by or on behalf of the officer in charge of the library or archives, of a preservation reproduction of the work by making it available online to be accessed through the use of a computer terminal:
 (a) that is installed within the premises of the library or archives; and
 (b) that cannot be used by a person accessing the work to make an electronic copy or a hardcopy of the reproduction, or to communicate the reproduction.

 (3B) The circumstances in which the copyright in the original artistic work is not infringed because of subsection (3A) are that either:
 (a) the work has been lost, or has deteriorated, since the preservation reproduction of the work was made; or
 (b) the work has become so unstable that it cannot be displayed without risk of significant deterioration.