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Chapter:

528 PDFTitle:COPYRIGHT ORDINANCEGazette Number:L.N. 130 of 2007
Section:46Heading:Libraries and archives: introductoryVersion Date:01/07/2007
Expanded Cross Reference:

47, 48, 49, 50, 51, 52, 53

Remarks:

    For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
Libraries and archives

(1) The Secretary for Commerce and Economic Development may- (Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)
        (a) by regulations prescribe conditions; and
        (b) by notice in the Gazette specify libraries or archives,
for the purposes of any provision in sections 47 to 53 (copying by librarians and archivists). <* Note - Exp. X-Ref.: Sections 47, 48, 49, 50, 51, 52, 53 *>
(2) In sections 47 to 53- <* Note - Exp. X-Ref.: Sections 47, 48, 49, 50, 51, 52, 53 *>
        (a) references in any provision to the prescribed conditions are to the conditions prescribed for the purposes of that provision under subsection (1)(a); and
        (b) references in any provision to a specified library or archive are to a library or archive of a description specified for the purposes of that provision under subsection (1)(b).
(3) The regulations may-
        (a) provide that, where a librarian or archivist is required to be satisfied as to any matter before making or supplying a copy of a work-
          (i) he may rely on a signed declaration as to that matter by the person requesting the copy, unless he is aware that it is false in a material particular; and
          (ii) in such cases as may be prescribed, he shall not make or supply a copy in the absence of a signed declaration in such form as may be prescribed;
        (b) make different provisions for different descriptions of libraries or archives and for different purposes.
(4) Where a person requesting a copy makes a declaration which is false in a material particular and is supplied with a copy which would have been an infringing copy if made by him-
        (a) he is liable for infringement of copyright as if he had made the copy himself; and
        (b) the copy is treated as an infringing copy.
(5) References in this section, and in sections 47 to 53, to the librarian or archivist include a person acting on his behalf. <* Note - Exp. X-Ref.: Sections 47, 48, 49, 50, 51, 52, 53 *>
[cf. 1988 c. 48 s. 37 U.K.]