May 2009
This information is for general guidance only; it is not legal advice.

Because of special provisions in the Copyright Act (sections 51A(1)(b) and 110B(1)(b)) a collecting institution may make, or have made for it, a replacement copy of a published item in its collection that:

• is damaged or has deteriorated, or
• has been lost or stolen
  

provided an authorised member of staff has:

• checked that the owner of the collection cannot acquire a replacement copy within a reasonable time at an ordinary commercial price, and
• has made a written declaration that effect.
  

These provisions apply to:

• libraries, and
• archives (which are defined in the Copyright Act to cover some galleries and museums).
  

The replacement copy can be made:

• from a "good" copy owned by someone else, and
• by someone on behalf of the collecting institution.

A copy can be communicated for the purpose of replacement – for example, a library that holds a "good" copy in its collection can make a replacement copy for another library whose copy has been lost or stolen, and email it to that library.

More

• meaning of "library" and "archives" in the Copyright Act
• suggested declaration form
• Q&As on replacing lost and damaged items in the collection