(c)
the amount and substantially of the portion used
copyrighted work as a whole; and
(d)
the effect of the use upon the potential market for or value of the work.
In
relation to the
This Section does not include the reproduction of a computer program which is provided for
in Section 2.14.
SECTION:
2.8
LIMITATION OF EXCLUSIVE RIGHTS: COMPULSORY
LICENSES FOR RECORDING MUSICAL WORKS
(I)
Where the owner of copyright in a musical work has already authorized a person to
make a sound recording of a performance of the work and such recording has been
made in, or imported into the Republic of Liberia, any other person may make
recording or the musical work without the authorization of the owner, provided that
such other person, before making the sound recording gives to the copyright owner a
proper notice of his intention to make it, and pays to the owner such equitable
renumeration as (the Copyright Board) may prescribe by order. The foregoing
provisions shall apply also to any words accompanying the music.
(2)
The mode and manner of the assessment and payment of renumeration under sub
section (l) shall be as prescribed by the Copyright Board.
SECTION:
(a)
2.9
LIMITATION OF EXCLUSIVE RIGHTS: REPRODUCTION
BY LIBRARIES AND ARCHIVES
Notwithstanding the provisions of Section 2.6, it is not an infringement of copyright
for a library or archives, or any of its employees acting within the scope of their
employment, to reproduce no more than one copy or sound recording, of a work, or
to distribute such copy or sound recording, under the conditions specified by this
section, if
(I)
The reproduction or distribution is made without any purpose of direct or
indirect commercial advantage.
(2)
The collections of library or archives are (i) open to the public or (ii)
available not only to researchers affiliated with the library or archives or with
the institution of which it is a part, but also persons doing research in a
specialized field; and
(3)
The reproduction and distribution of the work includes a notice of copyright.
(b)
The rights of reproduction and distribution under this section apply to a copy or
sound recording of an unpublished work duplicated in facsimile form solely for
purposes of preservation and security for deposit for research use in another library
or archives of the types described by clause (3) of sub-section (a), if the copy or
sound recording reproduced is currently in the collection of the library or archives.
(c)
The right of reproduction under this section applies to a copy or sound recording of a
publication in facsimile form solely for purposes of replacement of copy or sound
recording that is damaged, deteriorating, lost or stolen, if the library or archives has,
after a reasonable effort, determined that an unused replacement cannot be obtained
at a fair price.
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