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Multiple copying or communication under statutory licence by educational institutions

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—(1) Subject to this section, the copyright in an article contained in a periodical publication is not infringed by the making of copies, or the communication, of the whole or a part of that article, by or on behalf of the body administering an educational institution for the educational purposes of that or another educational institution. (2) Subject to this section, the copyright in a work, other than an article in a periodical publication, is not infringed by the making of copies, or the communication, of the whole or a part of that work, by or on behalf of the body administering an educational institution for the educational purposes of that or another educational institution. (3) (Deleted by Act 6/98)(4) Subsection (1) shall not apply in relation to copies of, or of parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject-matter.(5) Subsection (2) shall not apply in relation to copies of, or of more than a reasonable portion of, a work that has been separately published unless the person who makes the copies, or causes the copies to be made, for or on behalf of the body administering the educational institution, is satisfied, after reasonable investigation, that copies (not being secondhand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price.(6) Subsection (1) shall not apply to copies of the whole or a part of an article contained in a periodical publication, being copies made, by or on behalf of the body administering an educational institution, for the educational purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the making of those copies, a record of the copying setting out such particulars as may be prescribed by the regulations. (7) Subsection (2) shall not apply to copies of the whole or a part of a work (not being an article contained in a periodical publication), being copies made, by or on behalf of the body administering an educational institution, for the educational purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the making of those copies, a record of the copying setting out such particulars as may be prescribed by the regulations. (7A) Subsection (1) shall not apply in relation to the communication of, or of parts of, 2 or more articles contained in the same periodical publication, unless the articles relate to the same subject-matter. (7B) Subsection (2) shall not apply in relation to the communication of, or of more than a reasonable portion of, a work that has been separately published, unless the person who communicates the work or portion, or causes the work or portion to be communicated, for or on behalf of the body administering the educational institution, is satisfied, after reasonable investigation, that copies (not being secondhand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price. (7C) Subsection (1) shall not apply to the communication of the whole or a part of an article contained in a periodical publication by or on behalf of the body administering an educational institution, for the educational purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the communication, a record of the communication setting out such particulars as may be prescribed by the regulations. (7D) Subsection (2) shall not apply to the communication of the whole or a part of a work (not being an article contained in a periodical publication) by or on behalf of the body administering an educational institution, for the educational purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the communication, a record of the communication setting out such particulars as may be prescribed by the regulations. (8) For the purposes of subsections (6), (7), (7C) and (7D), a record of the copying or communication, as the case may be, of a work or a part of a work —(a)shall be kept in writing or in any other manner prescribed by the regulations; and(b)if it is kept in writing, shall be in accordance with the prescribed form. (9) Where copies of, or of part of, a work consisting of an article in a periodical publication made, as provided in subsection (1), by or on behalf of the body administering an educational institution for the educational purposes of an educational institution are made for distribution to persons undertaking a correspondence course, or an external study course, provided by the educational institution for the educational purposes of which those copies are made, otherwise than as a part of the lecture notes prepared in connection with that course, the record made in relation to them in accordance with subsection (6) may state that they are copies to which this subsection applies. (10) Where copies of, or of part of, a work, other than an article in a periodical publication, made as provided in subsection (2) by or on behalf of the body administering an educational institution for the educational purposes of an educational institution —(a)are made for distribution to persons undertaking a correspondence course, or an external study course, provided by the educational institution for the educational purposes of which those copies are made, otherwise than as a part of the lecture notes prepared in connection with that course; and(b)do not contain more than a reasonable portion of the work,the record made in relation to them in accordance with subsection (7) may state that they are copies to which this subsection applies. (11) Where copies of the whole or a part of a work, not being copies stated in the record to be copies to which subsection (9) or (10) applies, are made by or on behalf of the body administering an educational institution and, by virtue of this section, the making of those copies 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 copies, for payment for the making of the copies, pay to the owner such an amount by way of equitable remuneration for the making of those copies 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.(11A) Where the whole or a part of a work consisting of an article in a periodical publication is communicated as provided in subsection (1) —(a)by or on behalf of the body administering an educational institution for the educational purposes of an educational institution; and(b)to persons undertaking a correspondence course, or an external study course, provided by the educational institution, otherwise than as a part of the lecture notes prepared in connection with that course,the record made in relation to the communication in accordance with subsection (7C) may state that it is a communication to which this subsection applies. (11B) Where —(a)the whole or a part of a work, other than an article in a periodical publication, is communicated as provided in subsection (2) —(i)by or on behalf of the body administering an educational institution for the educational purposes of an educational institution; and(ii)to persons undertaking a correspondence course, or an external study course, provided by the educational institution, otherwise than as a part of the lecture notes prepared in connection with that course; and(b)the communication does not contain more than a reasonable portion of the work,the record made in relation to the communication in accordance with subsection (7D) may state that it is a communication to which this subsection applies. (11C) Where —(a)the whole or a part of a work is communicated by or on behalf of the body administering an educational institution;(b)the communication is not a communication to which subsection (11A) or (11B) applies; and(c)by virtue of this section, the communication 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 communication, for payment for the communication, pay to the owner such an amount by way of equitable remuneration for the communication as is agreed upon between the owner and the body or, in default of agreement, as is determined by the Copyright Tribunal on the application of either the owner or the body. (12) Where the Copyright Tribunal has determined the amount of equitable remuneration payable to the owner of copyright in a work by the body administering an educational institution in relation to copies of the whole or a part of that work that have been made, or the communication of the whole or a part of that work, 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. (13) Nothing in this section shall affect the right of the owner of copyright in a work to grant a licence authorising the body administering an educational institution —(a)to make, or cause to be made, copies of the whole or a part of the work; or(b)to communicate, or cause to be communicated, the whole or a part of the work,without infringement of that copyright. (14) For the purposes of this section, a reference to the making of copies of the whole or a part of an article contained in a periodical publication, or of a work, for the educational purposes of an educational institution includes the making of a copy of the whole of the article or work, or that part of the article or work, in an electronic form on a network operated or controlled by that or another educational institution to enable persons undertaking a course of education provided by that or another educational institution to access the article or work, or that part of the article or work. (15) For the purposes of this section, a reference to the communication of the whole or a part of an article contained in a periodical publication, or of a work, for the educational purposes of an educational institution includes the communication of the whole of the article or work, or that part of the article or work, in an electronic form on a network operated or controlled by that or another educational institution to enable persons undertaking a course of education provided by that or another educational institution to access the article or work, or that part of the article or work.

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