Intellectual Property
(Unregistered Rights) (Miscellaneous Provisions) (Jersey) Order 2012
THE MINISTER FOR ECONOMIC DEVELOPMENT, in pursuance of Articles 7,
60 to 66, 80, 103, 131, 317 and 400 of the Intellectual Property (Unregistered
Rights) (Jersey) Law 2011[1], orders as follows –
Commencement [see endnotes]
1 Interpretation
(1) In
this Order –
“The Jersey Heritage Trust” means the trust accorded an
act of incorporation by the Loi (1983) accordant un Acte d’Incorporation
à l’Association dite “The Jersey Heritage Trust”[2];
“Law” means the Intellectual Property (Unregistered
Rights) (Jersey) Law 2011[3].
(2) For
the purposes of this Order, a library or archive is conducted for profit if it
is established or conducted for profit or forms part of, or is administered by,
a body established or conducted for profit.
2 Educational
establishments and teachers – Article 7 of Law
(1) The
following descriptions of establishment are prescribed for the purposes of
Article 7(1)(b) of the Law –
(a) any
establishment in Jersey, to the extent that it provides instruction in one or
more courses of higher education;
(b) any
establishment in Jersey, to the extent that it provides instruction in one or
more courses of vocational education; and
(c) any
establishment in Jersey, to the extent that it provides instruction in more or
more courses of continuing education.
(2) The
provisions of Part 1 of the Law relating to educational establishments
shall apply in relation to States employees who are peripatetic teachers as
they apply in relation to such establishments.
(3) In
this Article –
(a) “continuing
education”, “higher education” and “vocational
education” have the same meaning as in the Education (Jersey)
Law 1999[4];
(b) “peripatetic
teacher” means a person employed to give instruction, otherwise than in
an educational establishment, to pupils who are unable to attend such an establishment.
3 Supply
of copies by librarians – Articles 61 and 62 of Law
(1) The
following libraries are prescribed for the purposes of Articles 61
and 62 of the Law –
(a) the
public library service of Jersey;
(b) a
library in a school in Jersey;
(c) a library
in an establishment prescribed in Article 2(1), to the extent that the
library is provided for the purposes of the instruction described in that
provision;
(d) a
library provided by and for the purposes of an administration of the States or
the States Assembly;
(e) a
library provided by The Jersey Heritage Trust; and
(f) any
other library in Jersey, if it is not conducted for profit.
(2) The
following conditions must be complied with when a librarian makes and supplies
a copy of any material to a person (the “recipient”) pursuant to
Article 61 or 62 of the Law –
(a) the
recipient must have delivered to the librarian a declaration, in writing, in
relation to the material, in the form in Schedule 1 and signed as
indicated in that form;
(b) the
librarian must be satisfied that the recipient requires the copy of the
material for the purposes of research or private study and will not use it for
any other purpose;
(c) the
librarian must be satisfied that the recipient is not furnished –
(i) under
Article 61 of the Law, with more than one copy of an article or more than
one article contained in the same issue of a periodical, or
(ii) under
Article 62 of the Law, with more than one copy of the same material or
with a copy of more than a reasonable proportion of any work; and
(d) the
librarian must be satisfied that the requirements of the recipient and of any
other person –
(i) are
not similar, that is to say, are not for copies of substantially the same
material at substantially the same time and for substantially the same
purposes, and
(ii) are
not related, that is to say, the recipient and the other person do not receive
instruction to which the material is relevant at the same time and place.
(3) Unless
the librarian is aware that the signed declaration delivered by an recipient
pursuant to paragraph (2)(a) is false in a material particular, the
librarian may rely on it as to the matter the librarian is required to be
satisfied of under paragraph (2)(b) before making or supplying the copy.
4 Supply
of copies by librarians – Article 64 of Law
(1) All
libraries in Jersey are prescribed as libraries the librarians of which may
make and supply copies of material pursuant to Article 64(1) of the Law.
(2) The
following libraries are prescribed as libraries to which copies of material may
be supplied pursuant to Article 64(1) of the Law –
(a) any
library specified in Article 3(1); and
(b) any
library that is outside Jersey and is not conducted for profit.
(3) The
following conditions must be complied with when a librarian makes and supplies
to another library (the “receiving library”) a copy under
Article 64 –
(a) the
receiving library must not be furnished with more than one copy of the
material; and
(b) where
the requirement is for a copy of more than one article in the same issue of a
periodical, or for a copy of the whole or part of a published edition, the
librarian of the receiving library must furnish a written statement to the
effect that –
(i) it
is a prescribed library, within paragraph (2), and
(ii) the
librarian does not know, and could not by reasonable inquiry ascertain, the
name and address of a person entitled to authorize the making of the copy.
5 Supply
of copies by librarians or archivists – Article 65 of Law
(1) All
libraries and archives in Jersey are prescribed as libraries and archives the
librarians or archivists of which may make a copy from an item for either of
the purposes in Article 65(1) of the Law.
(2) The
following libraries and archives are prescribed as libraries and archives to
which copies of material may be supplied pursuant to Article 65(1)(b) of
the Law –
(a) any
library specified in Article 3(1);
(b) any
archive provided by The Jersey Heritage Trust;
(c) any
other archive in Jersey, if it is not conducted for profit; and
(d) if or
to the extent that it does not fall within sub-paragraph (b) or (c),
any archive of a public institution of its public records, within the meaning
of the Public Records (Jersey) Law 2002[5];
(e) any
library or archive that is outside Jersey, if it is not conducted for profit.
(3) The
following conditions must be complied with when a librarian or archivist makes
a copy of an item for either of the purposes in Article 65(1) of the
Law –
(a) that
it is not reasonably practicable for the librarian or archivist to purchase a
copy of that item to fulfil the purpose in Article 65(1)(a) or (b) of
the Law;
(b) that
the item in question –
(i) is
an item in the part of the permanent collection maintained by the library or
archive wholly or mainly for the purposes of reference on the premises of the
library or archive, or
(ii) is
an item in the permanent collection of the library or archive which is
available on loan only to other libraries or archives; and
(c) that,
in the case of a copy made for the purpose in Article 65(1)(b) of the Law,
librarian of the library or the archivist of the archive prescribed in
paragraph (2) furnishes a written statement to the effect
that –
(i) the
item has been lost from that library or archive, destroyed or damaged,
(ii) it
is not reasonably practicable for the library or archive to purchase a copy of
that item, and
(iii) if
a copy is supplied it will only be used to fulfil the purpose in
Article 65(1)(b) of the Law.
6 Supply
of copies by librarians or archivists – Article 66 of Law
(1) All
libraries and archives in Jersey are prescribed for the purposes of
Article 66 of the Law.
(2) The
following conditions must be complied with when a librarian or archivist makes
and supplies a copy of material to a person (the “recipient”) under
Article 66(1) of the Law –
(a) the
recipient must have delivered to the librarian or archivist a declaration, in
writing, in relation to the material, in the form in Schedule 2, and
signed as indicated in the form;
(b) the
librarian or archivist must be satisfied that the recipient requires the copy
for the purposes of research or private study and will not use it for any other
purpose; and
(c) the
recipient must not be furnished with more than one copy of the same material.
(3) Unless
the librarian or archivist is aware that the signed declaration delivered
pursuant to paragraph (2)(a) is false in a material particular, the
librarian or archivist may rely on it as to the matter he or she is required to
be satisfied of under paragraph (2)(b) before making or supplying the
copy.
(4) In
paragraph (2) “material” means any document, film, sound
recording or other matter in the library or archive.
7 Designs
made by industrial process – Article 80 of Law
(1) An
article is to be regarded, for the purposes of Article 80 of the Law, as
made by an industrial process if –
(a) it
is one of more than 50 articles which –
(i) all
fall to be treated, for the purposes of Part 1 of the Law, as copies of a
particular artistic work, but
(ii) do
not, all together, constitute a single set of articles as defined in
Article 1(1) of the Registered Designs (Jersey) Law 1957[6]; or
(b) it
consists of goods manufactured in lengths or pieces, not being hand-made goods.
(2) There
are excluded from the operation of Article 80 of the Law –
(a) works
of sculpture, other than casts or models used or intended to be used as models
or patterns to be multiplied by any industrial process;
(b) wall
plaques, medals and medallions; and
(c) printed
matter primarily of a literary or artistic character, including book jackets,
calendars, certificates, coupons, dress-making patterns, greeting cards,
labels, leaflets, maps, plans, playing cards, postcards, stamps, trade
advertisements, trade forms and cards, transfers and similar articles.
(3) Paragraph (1)
shall not be taken to limit the meaning of “industrial process” in
paragraph (2)(a).
8 Archiving
of recordings of broadcasts – Article 103 of Law
(1) All
broadcasts, other than encrypted transmissions, are broadcasts of a designated
class for the purpose described in Article 103(1) of the Law.
(2) The
following bodies are designated for the purposes of Article 103(1) of the
Law –
(a) the
public library service of Jersey; and
(b) The
Jersey Heritage Trust.
9 Notice
of seizure of infringing copy or illicit recording –
Articles 131 and 317 of Law
A notice required by Article 131(5) or 317(5) of the Law shall
be in the form and contain the particulars in Schedule 3.
10 Citation
This Order may be cited as the Intellectual Property (Unregistered
Rights) (Miscellaneous Provisions) (Jersey) Order 2012.