Toolkit on Preservation

The full text of Article 9(2) embodies the three-step test: page 5 It shall be a matter for legislation in the countries of the [Berne] Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.2 The three-step test defin. [...] (b) The institution may apply the exception to the work for one or more of the Why May the Exception be following purposes: Applied? (i) For preservation, restoration, or conservation of the work in the collection of the institution or in the collection of another such institution; (ii) For replacing a work that is lost, stolen, or no longer available, or is damaged or deteriorated to such an exte. [...] The following charts are also organized in a manner that is intended to enable lawmakers to efficiently identify the possible elements of a preservation statute and to guide the drafting of a statute suited to the needs of any of the Member States. [...] prevent the library from borrowing a “…this exception applies to the use of works in the work from another institution in order collection of the library or other institution, subject to make the copy, or to prevent an to exceptions in the statute allowing copying of institution from making a copy on works from the collections of another institution…” behalf of an institution that needs the preser. [...] Subcategory B.2: Requirement of Works A copyright exception may set requirements for the condition or qualities of the specific copy of the work that is in the collection of the institution in need of the preservation copy.