Copyright Act 1968

An authorized officer of a key cultural institution does not infringe copyright in copyright material by using the material if:

the material forms part of the collection comprising the key cultural institution; and

the authorized officer is satisfied that the material is of historical or cultural significance to Australia; and

the use is for the purpose of preserving the material; and

either or both of the following subparagraphs apply:

the key cultural institution holds the material in original form;

the authorized officer is satisfied that a copy of the material cannot be obtained in a version or format that is required for that purpose, consistent with best practice for preserving such copyright material.

If the use of the copyright material does not meet the requirements of this subsection, the authorized officer might be able to rely on subsection 113H(1) instead.

An authorized officer of a key cultural institution does not infringe copyright in copyright material (the preservation copy) by making the preservation copy available to be accessed at the key cultural institution if:

subsection (1) applied to the making of the preservation copy because it was done for the purpose of preserving copyright material that formed part of the collection comprising the key cultural institution; and

the preservation copy is in electronic form; and

the body administering the key cultural institution takes reasonable steps to ensure that a person who accesses the preservation copy at the key cultural institution does not infringe copyright in the preservation copy.

Other uses of the preservation copy might not infringe copyright because of other provisions of this Act, such as section 49 (Reproducing and communicating works by libraries and archives for users).