Bermuda Consolidated Legislation

 

BERMUDA STATUTORY INSTRUMENT

SR&O 13/1964

COPYRIGHT (LIBRARIES) REGULATIONS 1964

[made under section 7 of the Copyright Act 1956 (UK) as applied to Bermuda by the Copyright (Bermuda) Order 1962 [title 17 item 47] and brought into operation on 6 December 1962]

ARRANGEMENT OF REGULATIONS

1 Interpretation

2 Prescribed libraries

3 Prescribed conditions

4 Commencement [omitted]

Interpretation

1 In these Regulations, unless the context otherwise requires—

"the Act" means the Act of the Parliament of the United Kingdom entitled the Copyright Act 1956;

"work" means a published literary, dramatic or musical work.

Prescribed libraries

2 (1) Each of the libraries or classes of libraries specified in the First Schedule shall be prescribed libraries for the purposes of section 7(1) and (3) of the Act:

Provided that this regulation shall not apply to any library es tablished or conducted for profit.

(2) Each of the libraries or classes of libraries specified in the First or Second Schedule shall be prescribed libraries for the purposes of section 7(5) of the Act and, for the purposes of paragraph (a) of section 7(5) of the Act (which relates to the librarian to whom a copy is supplied), any library so specified shall, where appropriate, be deemed to include any library of a similar class situated outside Bermuda; and, for the avoidance of doubt, this paragraph shall apply to any library of a class so specified, whether established or conducted for profit or not.

(3) Each of the libraries or classes of libraries specified in the First and Second Schedule shall be a prescribed library for the purposes of section 15(4) of the Act.

Prescribed conditions

3 (1) The following conditions shall be conditions prescribed for the purposes of section 7(1) and (3) of the Act (which relate, respectively, to copies of articles in periodical publications and copies of parts of other works) —

(a) no copy of any work or any part of a work shall be made for or supplied to any person unless he has delivered to the librarian concerned, or to some person appointed by the librarian for that purpose, a declaration and under taking in writing in relation to that work or part, sub stantially in accordance with the form set out in the Third Schedule and signed in the manner therein indi cated;

(b) for the purposes of subsection (1) (which relates to copies of articles in periodical publications) no copy ex tending to more than one article in any publication shall be made;

(c) for the purposes of subsection (3) (which relates to copies of parts of other works) no copy extending to more than a reasonable proportion of a work shall be made;

(d) persons to whom copies are supplied shall be required to pay for such copies a sum not less than the cost (including a contribution to the general expenses of the library) attributable to their production.

(2) The following conditions shall be the conditions prescribed for the purposes of section 7(5) of the Act, (which relates to the making and supplying of copies of any works or parts of works to librarians)—

(a) no copy of a work or a part of a work shall be made for or supplied to the librarian of any library, if a copy of that work or that part has already been supplied to any person as a librarian of that library, unless the librarian by or on behalf of whom the copy is made is satisfied

that the copy already supplied has been lost, destroyed or damaged;

(b) librarians to whom copies are supplied shall be required to pay for such copies a sum not less than the cost (including a contribution to the general expenses of the library) attributable to their production;

(c) no copy shall be supplied to the librarian of a library that is established or conducted for profit.

(3) Nothing in these Regulations shall be taken to authorise the librarian of any library to make or supply a copy of any work or part of a work (other than an article in a periodical publication) for or to any other person (whether that person is the librarian of another library or not) if at the time when the copy is made the librarian knows the name and ad dress of a person entitled to authorize the making of the copy or could by reasonable inquiry ascertain the name and address of such a person.

(4) The following conditions shall be the conditions prescribed for the purposes of section 15(4) of the Act, (which relates to reproduc tions of the typographical arrangements of published editions of works):

A reproduction of the typographical arrangement of a published edition of a work or a part thereof may be made or supplied in pursuance of section 15(4) of the Act only in the circumstances and upon the condi tions in and upon which a copy of that work or part may, by virtue of Part I of the Act, be made or supplied without infringing the copyright in that work under Part I:

Provided that for the purposes of section 15(4) of the Act a re production of the typographical arrangement of a published edition of a work may be made without infringing the copyright in the published edi tion notwithstanding that the librarian by or on behalf of whom the re production is made knows, at the time it is made, the name and address of a person who is entitled to authorise the making of such a copy or such a reproduction or could by reasonable inquiry ascertain the name and address of such a person.

Commencement

4 [omitted]

FIRST SCHEDULE

1 The Bermuda National Library.

2 The Library of the Supreme Court.

3 Any library of a school or other educational establishment.

[First schedule amended by 1996:9 effective by notice in Official Gazette]

SECOND SCHEDULE

Any library which makes works in its custody available to the public free of charge.

THIRD SCHEDULE

FORM OF DECLARATION AND UNDERTAKING

To The Librarian of

the [blank] Library

(Address)

1 I [blank] of [blank] hereby request you to make and supply to me [a copy of (particulars of article)] * [a copy of (particulars of works of which a part is required to be supplied and particulars of that part)], which I re quire for the purposes of research or private study.

2 I have not previously been supplied with a copy of *[the said arti cle] * [the said part of the said work] by any librarian.

3 I undertake that if a copy is supplied to me in compliance with the request made above, I will not use it except for the purposes of re search or private study.

Date [blank]

Signature [blank]

[Note: This must be the personal signature of the person making the re quest. A stamped or typewritten signature, or the signature of an agent is NOT sufficient.]

*Delete whichever is inappropriate.