Copyright Act, 1963
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Use of copyright material for education. |
53.—(1) Where copyright subsists in a literary, dramatic, musical or artistic work, the copyright shall not be taken to be infringed by reason only that the work is reproduced, or an adaptation of the work is made or reproduced— | |
(a) in the course of instruction, whether at a school or elsewhere, where the reproduction or adaptation is made by a teacher or pupil otherwise than by the use of a duplicating process, or | ||
(b) as part of the questions to be answered in an examination, or in an answer to such a question. | ||
(2) Nothing in the preceding subsection of this section shall apply to the publication of a work; and, for the purposes of section 11 of this Act, the fact that to a person's knowledge the making of an article would have constituted an infringement of copyright but for the preceding subsection of this section shall have the like effect as if, to his knowledge, the making of it had constituted such an infringement. | ||
(3) For the avoidance of doubt it is hereby declared that, where a literary, dramatic or musical work— | ||
(a) is performed in class, or otherwise in the presence of an audience, and | ||
(b) is so performed in the course of the activities of a school, by a person who is a teacher in, or a pupil in attendance at, the school, | ||
the performance shall not be taken for the purposes of this Act to be a performance in public if the audience is limited to persons who are teachers in, or pupils in attendance at, the school, or are otherwise directly connected with the activities of the school. | ||
(4) For the purposes of the last preceding subsection of this section a person shall not be taken to be directly connected with the activities of a school by reason only that he is a parent or guardian of a pupil in attendance at the school. | ||
(5) Subsections (3) and (4) of this section shall apply in relation to sound recordings, cinematograph films and television broadcasts as they apply in relation to literary, dramatic and musical works, subject to the modification that any reference to performance shall be construed as a reference to the act of causing the sounds or visual images in question to be heard or seen. | ||
(6) Nothing in this section shall be construed— | ||
(a) as extending the operation of any provision of this Act as to the acts restricted by copyright of any description, or | ||
(b) as derogating from the operation of any exemption conferred by any provision of this Act other than this section. | ||
(7) In this section “duplicating process” means any process involving the use of an appliance for producing multiple copies. | ||
(8) The Minister may, after consultation with the Minister for Education, make an order under this section designating any educational establishment or any type or description of educational establishment specified in the order to be a school for the purposes of this section. | ||
(9) The Minister may at any time, after such consultation as aforesaid, revoke or amend an order under this section. |