CHAPTER 1
REPRODUCTION REGULATIONS (regs 2-9A)
(Section 13)
2.
Permitted reproduction
The reproduction of a work in terms of section 13 of the Act shall be
permitted(a) except where otherwise provided, if not more than one copy of a
reasonable portion of the work is made, having regard to the totality
and meaning of the work; * and
(b)
3.
if the cumulative effect of the reproductions does not conflict with the
normal exploitation of the work to the unreasonable prejudice of the
legal interest and residuary rights of the author.
Reproduction by library or archive depot
Subject to the provision of regulation 2, a library or archives depot or any of
its employees acting within the scope of their employment may, after
reproduction of a work, distribute such copy on the following conditions:
(a)
The reproduction or distribution shall not be made with any intention of
deriving direct or indirect commercial advantage;
(b)
the collections of the library or archive depot shall be open to the
public or available to researchers affiliated to the library or archive
depot or to the institution of which it is a part, and to other persons
doing research in a specialised field;
(c)
the reproduction of the work shall incorporate a copyright warning;
(d)
the rights of reproduction and distribution shall apply to a copy of an
unpublished work duplicated in facsimile form solely for purposes of
preservation and security or for deposit, for research use, in another
library or archive depot: Provided that the copy reproduced is to be
placed in the collection of the library or archive depot;
(e)
the right of reproduction shall apply to a copy of a published work
duplicated in facsimile form solely for the purpose of replacement of a
copy that is deteriorating or that has been damaged lost or stolen:
Provided that the library or archive depot has, after a reasonable
effort, determined that an unused replacement cannot be obtained at
a fair price;
(f)
the right of reproduction and distribution shall apply to a copy made
from the collection of a library or archive depot to which the user
addressed his request or from that of another library or archive depot,
of not more than one article or other contribution to a copyrighted
collection or periodical issue, or to a copy of a reasonable portion of
any other copyrighted work: Provided that the copy shall become the
property of the user and the library or archive depot has had no notice
that the copy, would be used for any purpose other than for private
study or the personal or private use of the person using the work;