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Amendment of section 104 of Principal Act
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26. Section 104 of the Principal Act is amended by the substitution of the following subsections for subsection (1):
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“(1) Subject to subsection (1A) and section 104A(1), a designated body may do any of the following in respect of a relevant work without infringing the copyright in that work:
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(a) make, or cause to be made, a copy of the work for the purpose of modifying the copy;
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(b) supply the modified copy of the work to a person with a disability;
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(c) supply the modified copy of the work to another designated body;
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(d) receive a modified copy of the work from—
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(i) another designated body, or
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(ii) a person with a disability;
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(e) supply the modified copy of the work that it has received under paragraph (d) to—
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(i) a person with a disability, or
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(ii) another designated body.
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(1A) Subsection (1) shall not apply unless the modified copy concerned of the relevant work—
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(a) bears or otherwise incorporates an express statement to the effect that the copy has been made under this section, and
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(b) is accompanied by a sufficient acknowledgement.
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(1B) (a) Subject to section 104A(1), a use to which paragraph (b) applies may be made of a relevant work by a person with a disability without infringing the copyright in that work provided that the use is for the benefit of the person, is directly related to the disability, is for a non-commercial purpose and is made only to the extent required by the nature of the disability.
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(b) A use to which this paragraph applies is any of the following:
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(i) make, or cause to be made, a copy of the relevant work for the purpose of modifying the copy;
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(ii) access a modified copy of the work which has been modified pursuant to subparagraph (i) or supplied pursuant to subsection (1);
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(iii) supply such modified copy to a designated body.”.
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