Research or study — copying or communicating material for users of public collections
226.—(1)  If the conditions in subsection (2) are met, it is a permitted use to —
(a)make a copy of any of the following material:
(i)an authorial work;
(ii)a recording of a protected performance; or
(b)communicate the material.
(2)  The conditions are —
(a)either —
(i)the material has been published and is part of a public collection (other than a for‑profit library); or
(ii)in the case of an authorial work, the work —
(A)is an unpublished artistic work;
(B)is part of a public collection (other than a for‑profit library); and
(C)is, has been or will be exhibited at an exhibition held by or on behalf of the custodian of the public collection at any premises that are open to the public (whether for a fee or otherwise);
(b)the copy or communication is made or caused to be made —
(i)by an authorised officer (X) of the public collection; and
(ii)on a written request by a person (Y) to an authorised officer of the public collection for a copy of the material to be supplied to Y;
(c)the request includes a signed declaration by Y stating that —
(i)Y requires the copy for research or study and will not use it for any other purpose; and
(ii)either —
(A)no authorised officer of the public collection had previously supplied Y with a copy of the material (or any part of the material) requested by Y; or
(B)an authorised officer of the public collection had previously supplied Y with a copy of the material (or any part of the material) requested by Y, but that copy has been lost, destroyed or damaged;
(d)either —
(i)the declaration does not contain any material information that is false; or
(ii)X does not know that the declaration contains material information that is false;
(e)if the request is for copies of the whole or parts of 2 or more articles in the same periodical publication — the articles relate to the same subject matter;
(f)if the request is for a copy of the whole of the material (other than an article in a periodical publication), or of a portion of the material that exceeds a reasonable portion — before the copy is made, an authorised officer of the public collection —
(i)makes a reasonable investigation; and
(ii)declares that he or she is satisfied that a new copy of the material could not be obtained within a reasonable time at an ordinary commercial price;
(g)if the request is for an electronic copy —
(i)before or when the electronic copy is communicated to Y, Y is given a notice stating —
(A)that the electronic copy is made under this section;
(B)that the work may be subject to copyright, or that the performance may be protected, under this Act; and
(C)any prescribed matter; and
(ii)as soon as practicable after the electronic copy is communicated to Y, the electronic copy made for the purpose of communication is destroyed;
(h)in the case of subsection (1)(a) — the copy is notated according to section 301;
(i)the copy is not supplied to any person other than Y;
(j)any fee for making and supplying the copy to Y does not exceed the cost of making and supplying the copy plus a reasonable contribution to the general expenses of the public collection; and
(k)no prescribed exception applies.
(3)  For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies —
(a)is not to be treated as publishing the material (or any work or recording included in the material); and
(b)must be ignored in determining the duration of any copyright in the material (or the included work).