Revised Laws of Saint Lucia (2021)

68.   Supply by librarian of copies of published work

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    (1)   Subject to subsection (3) the librarian of a prescribed library of archive may, if the prescribed conditions are complied with—

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      (a)     make and supply a copy of an article in a periodical; or

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      (b)     make and supply from a published edition, a copy of part of a literary, dramatic work or musical work, not being an article in a periodical,

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    without infringing any copyright subsisting in the text of the article or in the work, as the case may be, or in any illustrations accompanying such article or work, or in the typographical arrangement thereof.

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    (2)   The conditions prescribed under subsection (1) shall include the following—

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      (a)     that copies shall be supplied only to persons satisfying the librarian that they require them for purposes of research or private study, and will not use them for any other purpose;

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      (b)     in relation to an article, that a person shall not be furnished with more than one article contained in the same issue of a periodical;

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      (c)     in relation to a work referred to in subsection (1)(b), that a person shall not be furnished with more than one copy of the same material or of a copy of more than a reasonable proportion of any work;

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      (d)     that person to whom copies are supplied are required to pay for them a sum not less than the cost (including a contribution of the general expenses of the library) attributable to their production;

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      (e)     that a copy shall be supplied only to a person satisfying the librarian that his or her requirement is not related to any similar requirement of another person;

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      (f)     that requirements shall be regarded as similar if the requirements are for copies of substantially the same material at substantially the same time and for substantially the same purpose; and

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      (g)     that requirements of persons shall be regarded as related if those persons receive instruction to which the material is relevant at the same time and place.

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    (3)   Subsection (1) shall not apply if or to the extent that there is a licensing scheme under which licenses are available authorising the making of such copies, and the person making the copies knows or ought to have been aware of that fact.