|
|
|
Amendment of Principal Act - substitution of section 57
|
| |
15. The Principal Act is amended by the substitution of the following sections for section 57:
|
|
| |
“Illustration for education, teaching or scientific research
|
|
| |
57. (1) Subject to subsections (2) to (4), it is not an infringement of the rights conferred by this Part—
|
|
| |
(a) to make or cause to be made a copy or communication of a work for the sole purpose of illustration for education, teaching or scientific research or of preparation for education, teaching or scientific research, or
|
|
| |
(b) for an educational establishment, for the educational purposes of that establishment, to reproduce or cause to be reproduced a work, or to do or cause to be done, any other necessary act, in order to display it.
|
|
| |
(2) Subsection (1) shall apply only if the reproduction or communication is—
|
|
| |
(a) made for purposes that are non-commercial,
|
|
| |
(b) made only to the extent justified by the non-commercial purposes to be achieved, and
|
|
| |
(c) accompanied by a sufficient acknowledgement.
|
|
| |
(3) Not more than 5 per cent of any work can be copied under this section in any calendar year.
|
|
| |
(4) Where a copy which would otherwise be an infringing copy is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an infringing copy for those purposes and for all subsequent purposes.
|
|
| |
Distance learning provided by educational establishment
|
|
| |
57A. It is not an infringement of the rights conferred by this Part for—
|
|
| |
(a) an educational establishment, for the educational purposes of that establishment, to communicate a work as part of a lesson or examination to a student of that establishment by telecommunication, and
|
|
| |
(b) a student who has received such a lesson or examination to make a copy of the work in order to be able to listen to or view it at a more convenient time.
|
|
| |
Use by educational establishment of work available through Internet
|
|
| |
57B. (1) Subject to subsection (2), it is not an infringement of the rights conferred by this Part if an educational establishment, for the educational purposes of that establishment, makes a copy or communication of a work that is available through the Internet.
|
|
| |
(2) Subsection (1) shall not apply unless the copy or communication of the work concerned is accompanied by a sufficient acknowledgement.
|
|
| |
Licensing schemes for educational establishments
|
|
| |
57C. (1) An exemption in respect of education provided in section 57, 57A, 57B, 61(2), 62(2), 67(3), 92, 221, 225B, 225C, 225D, 229(2), 234(3), 245(3)(a) or 329 shall not apply where—
|
|
| |
(a) there is a licensing scheme certified under section 173 that is applicable to the exemption concerned, and
|
|
| |
(b) the person making use of the work knew or ought to have been aware of the existence of the licensing scheme.
|
|
| |
(2) The terms of a licence granted to an educational establishment on foot of a licensing scheme certified under section 173 shall be void in so far as they purport to restrict the proportion of a work which may be copied or communicated (whether on payment or free of charge) to less than that which would be permitted under section 57, 61 or 62, as the case may be.
|
|
| |
(3) Sections 152 to 155 shall apply in relation to a licensing scheme referred to in subsection (1)(a) as if the scheme were one to which those sections applied pursuant to section 150.”.
|
