Practice question
A nonprofit archive needs a limited number of reprographic preservation copies of a single-volume protected work in its collection. Copies are unavailable from the publisher, and every applicable section 188 condition is stipulated satisfied. A claimant argues that RA 10372 still permits only one copy in every case because that was the original wording. Which answer is best?
- The original single-copy wording necessarily overrides the amendment.
- The archive may now make unlimited copies for resale.
- The amendment permits a limited number necessary for the institution's mandate under the stated conditions; the asserted absolute one-copy rule ignores the amendment.
- Every preservation copy automatically transfers copyright.
- The archive must destroy every original book.
Legal references
- Intellectual Property Code, RA 8293, sections 187–189, https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
- RA 10372, section 13 amending IP Code section 188.1, https://lawphil.net/statutes/repacts/ra2013/ra_10372_2013.html
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