Publishers’ association of south africa

Permitted reproduction by libraries and archive depositories

5. A librarian or archivist may make and supply one or more copies of the contents pages and précis of the contents of a book or an issue of a periodical as part of a current awareness programme.

6. (1) A librarian or archivist may make and supply a copy of an article or part of an article contained in a periodical publication, or of the whole or part of a published work other than an article contained in a periodical publication, to a person who has requested such a copy, provided:

(a) the person satisfies the librarian or archivist, as the case may be, that he or she requires the copy for the purposes of research or private study and will not use it for any other purpose;

(b) the librarian or archivist is satisfied that the requirements of the person requesting the copy are not for substantially the same material at substantially the same time and for substantially the same purpose as the requirements of any other person.

(2) Sub-regulation 6(1) shall not apply to a request for a copy of the whole of a work (other than an article contained in a periodical publication), or to a copy of a part of such a work that contains more than ten percent of a work, or one chapter of a work in the case where a work is divided into chapters, whichever is the greater, unless the librarian or archivist is, after reasonable investigation, satisfied that the work (not being a second hand copy) cannot be obtained within a reasonable time at an ordinary commercial price.

7. (1) A librarian or archivist may make and supply to another library or archive repository a copy of an article, or part of an article, contained in a periodical publication, or the whole or part of a published work other than an article contained in a periodical publication:

(a) for the purpose of including the copy in the collection of the other library or archive repository; or

(b) for the purpose of supplying the copy to a person who has made a request for the copy under sub-regulation 6(1).

(2) The provisions of sub-regulation 7(1) shall not apply:

(a) where a copy of the same article or other work or of the same part of the article or other work, as the case may be, has previously been supplied under sub-regulation 7(1) for the purpose of inclusion in the collection of the other library or archive repository, unless the librarian of the other library or archive repository, as the case may be, furnishes a written declaration setting out the particulars of the request, including the purpose for which the request is made, and stating that the copy previously supplied has been lost, destroyed or damaged, as the case may be; and

(b) unless the librarian or archivist requiring the copy furnishes, in his or her written declaration, a statement to the effect that, after reasonable investigation he or she is satisfied that the work (not being a second hand copy) cannot be obtained within a reasonable time at an ordinary commercial price.

8. (1) A librarian or archivist may make a copy of any work that forms part of the collection of the library or archive repository, as the case may be:

(a) in order to preserve or replace that work by placing the copy in the collection of the library or archive repository, as the case may be, in addition to or in place of it, or

(b) in order to replace in the collection of another library or archive repository a work which is deteriorating or has been lost, stolen, destroyed or damaged.

(2) Sub-regulation 8(1)(a) shall not apply unless the librarian or archivist, as the case may be, has, after reasonable investigation, made a written declaration stating that he or she is satisfied that the work (not being a second hand copy) cannot be obtained within a reasonable time at an ordinary commercial price.

(3) Sub-regulation 8(1)(b) shall not apply unless the librarian or archivist of the other library or archive repository, as the case may be, furnishes a written declaration to the effect that the work to be replaced is deteriorating or has been lost, stolen, destroyed or damaged, and that he or she is satisfied, after reasonable investigation, that the work (not being a second hand copy) cannot be obtained within a reasonable time at an ordinary commercial price, and that if a copy is supplied it will only be used to fulfil the purpose set out in sub-regulation 8(1)(b).

9. If the collection of a library or archive repository contains a copy, made by a reprographic process, of the whole or of more than ten percent of a work, or of more than one chapter of a work in the case where the work is divided into chapters, whichever is the greater, and the copy was made in terms of these regulations because the work (not being a second hand copy) could not be obtained within a reasonable time and at an ordinary commercial price, and subsequently the work concerned can be obtained within a reasonable time and at an ordinary commercial price, the library or archive repository, as the case may be, will, within a reasonable time of the availability of the work concerned coming to its attention, destroy such copy.

10. The right of reproduction in terms of these regulations shall not apply to works other than literary works, except that no such limitation shall apply with respect to rights under regulation 8.