“author”, in relation to a work recorded as a sound recording, includes a producer or narrator;

“book” includes—

a

a work recorded as a sound recording and consisting mainly of spoken words (an “audio-book”), and

b

a work, other than an audio-book, recorded in electronic form and consisting mainly of (or of any combination of) written or spoken words or still pictures (an “e-book”);

“lent out”—

a

means made available to a member of the public for use away from library premises for a limited time, but

b

does not include being communicated by means of electronic transmission to a place other than library premises,

and “loan” and “borrowed” are to be read accordingly;

“library premises” has the meaning given in section 8(7) of the Public Libraries and Museums Act 1964;

“producer” has the meaning given in section 178 of the Copyright, Designs and Patents Act 1988;

“sound recording” has the meaning given in section 5A(1) of the Copyright, Designs and Patents Act 1988.

1

Copyright in a work of any description is not infringed by the following acts by a public library in relation to a book within the public lending right scheme—

a

lending the book;

b

in relation to an audio-book or e-book, copying or issuing a copy of the book as an act incidental to lending it.

1A

In subsection (1)—

a

“book”, “audio-book” and “e-book” have the meanings given in section 5 of the Public Lending Right Act 1979,

b

“the public lending right scheme” means the scheme in force under section 1 of that Act,

c

a book is within the public lending right scheme if it is a book within the meaning of the provisions of the scheme relating to eligibility, whether or not it is in fact eligible, and

d

“lending” is to be read in accordance with the definition of “lent out” in section 5 of that Act (and section 18A of this Act does not apply).