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Multiple copying under statutory licence by institutions assisting intellectually handicapped readers

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—(1) The copyright in a work that has been published is not infringed by the making, by or on behalf of the body administering an institution assisting intellectually handicapped readers, of a copy of the whole or a part of the work, for use in the provision, whether by the institution or otherwise, of assistance to intellectually handicapped readers. (2) Subsection (1) shall not apply to the making of any copy of a work, being a work that has been separately published in a form that would be suitable for use in the provision of the assistance referred to in that subsection, unless the person who makes the copy, or causes that copy to be made, for or on behalf of the body administering an institution assisting intellectually handicapped readers is satisfied, after reasonable investigation, that no new copy of the work in a form suitable for use in the provision of that assistance can be obtained within a reasonable time at an ordinary commercial price. (3) For the purposes of subsection (2), a copy shall be taken to be new if it is not secondhand. (4) Subsection (1) shall not apply to the reproduction of the whole or a part of an article contained in a periodical publication by way of the making, by or on behalf of the body administering an institution assisting intellectually handicapped readers, of an intellectually handicapped reader’s copy of the article or of that part of the article unless there is made, by or on behalf of that body, as soon as practicable after the making of that copy, a record of the copying setting out such particulars as may be prescribed by regulations. (5) Subsection (1) shall not apply to the reproduction of the whole or a part of a work (not being an article contained in a periodical publication) by way of the making, by or on behalf of the body administering an institution assisting intellectually handicapped readers, of an intellectually handicapped reader’s copy of the work or of that part of the work unless there is made, by or on behalf of that body, as soon as practicable after the making of that copy, a record of the copying setting out such particulars as may be prescribed by regulations. (6) For the purposes of subsections (4) and (5), a record of the copying of a work or a part of a work —(a)shall be kept in writing or in any other manner prescribed by regulations; and(b)if it is kept in writing, shall be in accordance with the prescribed form. (7) Where an intellectually handicapped reader’s copy of the whole or a part of a work is made by or on behalf of the body administering an institution assisting intellectually handicapped readers and, by virtue of this section, the making of that copy does not infringe copyright in the work, that body shall, if the owner of the copyright in the work makes a request, in writing, at any time during the prescribed period after the making of the copy, for payment for the making of the copy, pay to the owner such an amount by way of equitable remuneration for the making of that copy as is agreed upon between the owner and the body, or, in default of agreement, such amount as is determined by the Copyright Tribunal on the application of either the owner or the body. (8) Where the Copyright Tribunal has determined the amount of equitable remuneration payable to the owner of the copyright in a work by the body administering an institution assisting handicapped readers in relation to an intellectually handicapped reader’s copy of the whole or a part of that work that has been made by or on behalf of that body in reliance on this section, the owner may recover that amount from the body in a court of competent jurisdiction as a debt due to him. (9) Notwithstanding any other provision of this Act, copyright shall not vest in the maker of the intellectually handicapped reader’s copy by reason of his making that copy. (10) Nothing in this section shall affect the right of the owner of the copyright in a work to grant a licence authorising the body administering an institution assisting intellectually handicapped readers to make, or cause to be made, copies of the whole or a part of the work without infringement of that copyright.

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