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Implied indemnity in certain schemes and licences for reprographic copying.
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167.—(1) This section applies to—
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(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
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(b) licences granted by licensing bodies for such copying,
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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.
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(2) There is implied in every scheme or licence to which this section applies—
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(a) an undertaking by the operator of the scheme to indemnify a person granted a licence under the scheme, and
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(b) an undertaking by the licensing body to indemnify a licensee,
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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.
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