Preservation and Access to Works in a Digital World
Edited by Estelle Derclaye
Chapter 5: Archiving Exceptions: Where are we and where do we need to go?
Paul Torremans* INTRODUCTION 1. When it was suggested to me that I should write a piece on archiving exceptions under English Copyright law my first impression was that we did not have an archiving exception under English Copyright law. That impression is based on the existing legal situation if one looks at it in a narrow literal sense. Indeed, the only provision in the Copyright, Designs and Patents Act 1988 that comes remotely close is section 42 and as its heading suggests that section really deals with replacement copies of works, which in origin is a very different matter. That might lead to the idea that the question in the title could be answered in the sense that we are nowhere and that the paper will essentially discuss where, if anywhere, we need to go. But maybe that would be too easy. 2. SECTION 42 DE LEGE LATA All this becomes clearer if one looks in some more detail at the wording of section 42. 42 Copying by librarians or archivists: replacement copies of works (1) The librarian or archivist of a prescribed library or archive may, if the prescribed conditions are complied with, make a copy from any item in the permanent collection of the library or archive– (a) in order to preserve or replace that item by placing the copy in its permanent collection in addition to or in place of it, or (b) in order to replace in the permanent collection of another prescribed library or archive...
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