Implied indemnity in certain schemes and licences for reprographic copying.
167.—(1) This section applies to—
(a) schemes for licensing reprographic copying of literary, dramatic, musical or artistic works, original databases, or of the typographical arrangement of published editions, lawfully made available to the public, and
(b) licences granted by licensing bodies for such copying,
where the scheme or licence concerned does not specify the works to which it applies with sufficient particularity so as to enable licensees to determine whether a work is within the scheme or licence by inspection of the scheme or licence and the work.
(2) There is implied in every scheme or licence to which this section applies—
(a) an undertaking by the operator of the scheme to indemnify a person granted a licence under the scheme, and
(b) an undertaking by the licensing body to indemnify a licensee,
against any liability incurred by a person or licensee by reason of his or her having infringed copyright by making or authorising the making of reprographic copies of a work in circumstances within the apparent scope of the licence.