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Torremans, Paul --- "Archiving Exceptions: Where are we and where do we need to go?" [2010] ELECD 789; in Derclaye, Estelle (ed), "Copyright and Cultural Heritage" (Edward Elgar Publishing, 2010)

Book Title: Copyright and Cultural Heritage

Editor(s): Derclaye, Estelle

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800044

Section: Chapter 5

Section Title: Archiving Exceptions: Where are we and where do we need to go?

Author(s): Torremans, Paul

Number of pages: 18

Extract:

5. Archiving exceptions: where are we
and where do we need to go?
Paul Torremans*

1. INTRODUCTION

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 ...