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Contents  

Long Title

Part I PRELIMINARY

Part II INTERPRETATION

Part III COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS

Division 1 — Nature, Duration and Ownership of Copyright in Works

Division 2 — Infringement of Copyright In Works

Division 3 — Acts not Constituting Infringements of Copyright Works

Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works

Division 5 — Copying of Works in Libraries

Division 6 — Copying of Works for Educational Purposes

Division 7 — Copying of Works in Institutions Assisting Persons with Reading Disabilities and Institutions Assisting Intellectually Handicapped Readers

Division 8 — Recording of Musical Works

Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works

Division 10 — Designs

Division 11 — Works of Joint Authorship

Part IV COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

Division 1 — Preliminary

Division 2 — Nature of Copyright in Subject-Matter other than Works

Division 3 — Subject-Matter, other than Works, in which Copyright Subsists

Division 4 — Duration of Copyright in Subject-Matter other than Works

Division 5 — Ownership of Copyright in Subject-Matter other than Works

Division 6 — Infringement of Copyright in Subject-Matter other than Works

Division 7 — Miscellaneous

Part V REMEDIES FOR INFRINGEMENTS OF COPYRIGHT

Division 1 — Preliminary

Division 2 — Actions by Owner of Copyright

Division 3 — Proceedings where Copyright is subject to Exclusive Licence

Division 4 — Proof of Facts in Copyright Proceedings

Division 5 — Offences

Division 6 — Border Enforcement Measures

Division 7 — Powers of Search

Division 8 — Miscellaneous

Part VI COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION OF CERTAIN WORKS

Part VII COPYRIGHT TRIBUNALS

Division 1 — Preliminary

Division 2 — Constitution of Tribunal

Division 3 — Inquiries by, and Applications and References to, Tribunal

Division 4 — Procedure and Evidence

Division 5 — Miscellaneous

Part VIII EXTENSION OR RESTRICTION OF THIS ACT

Part IX FALSE ATTRIBUTION OF AUTHORSHIP

Part IXA WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM

Part X MISCELLANEOUS

Part XI TRANSITIONAL

Division 1 — Preliminary

Division 2 — Original Works

Division 3 — Subject-Matter other than Works

Division 4 — Miscellaneous

Division 5 — Works made before 1st July 1912

Part XII PERFORMERS’ PROTECTION

Part XIII RIGHTS MANAGEMENT INFORMATION

Part XIIIA CIRCUMVENTION OF TECHNOLOGICAL MEASURES

Part XIV TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004

Part XV SAVINGS AND TRANSITIONAL PROVISIONS UNDER COPYRIGHT (AMENDMENT) ACT 2004

THE SCHEDULE False Registration of Industrial Designs

Legislative Source Key

Legislative History

Comparative Table

Comparative Table

 
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On 26/04/2017, you requested the version in force on 26/04/2017 incorporating all amendments published on or before 26/04/2017. The closest version currently available is that of 31/03/2015.
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Division 6 — Copying of Works for Educational Purposes
Copying by non-reprographic means for purpose of a course of education
50A.
—(1)  Copyright in a work is not infringed by its being copied for the purposes of a course of education, provided the copying —
(a)
is done by a person conducting or undergoing the course of education; and
(b)
is not by means of a reprographic process.
[6/98]
(2)  In this section —
“electronic” means actuated by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy;
“facsimile copy” includes a copy that is reduced or enlarged in scale;
“in electronic form” means in a form usable only by electronic means;
“reprographic process” means a process —
(a)
for making facsimile copies; or
(b)
involving the use of an appliance for making multiple copies,
and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a cinematograph film or sound recording.
[6/98]
[UK CPD 1988, s. 32]]
Multiple copying or communication of insubstantial portions of works
51.
—(1)  Copyright in a literary or dramatic work is not infringed by the making of one or more copies of a part of the work in an edition of the work by any person if the copying is carried out on the premises of an educational institution for the purposes of a course of education provided by the institution.
[38/99; 52/2004]
(1A)  Copyright in a literary or dramatic work is not infringed by the communication of a part of the work in an edition of the work by any person if the communication is initiated from the premises of an educational institution for the purposes of a course of education provided by the institution.
[52/2004]
(2)  Subsection (1) shall not apply to the making of a copy of, and subsection (1A) shall not apply to the communication of, the whole of a work.
[38/99; 52/2004]
(3)  Subsection (1) shall not apply to the making of a copy of, and subsection (1A) shall not apply to the communication of, more than 5 of the pages of a work in an edition of the work unless —
(a)
there are more than 500 pages in the edition; and
(b)
the total number of pages so copied does not exceed 5% of the total number of pages in the edition.
[38/99; 52/2004]
(4)  Subsection (1) shall not apply to the making of a copy, and subsection (1A) shall not apply to the communication, of a part of a work in an edition of the work, being an edition stored on any medium by electronic means and not divided into pages, if the part copied or communicated exceeds, in the aggregate —
(a)
5% of the total number of bytes in the edition; and
(b)
5% of the total number of words in that edition or, where it is not practicable to use the total number of words as a measure, 5% of the contents of the edition.
[52/2004]
(5)  Where —
(a)
a person makes or causes to be made a copy of a part of a work; and
(b)
subsection (1) applies to the making of that copy,
that subsection shall not apply to the making, by or on behalf of that person, of a copy of any other part of that work within 14 days after the day on which the previous copy was made.
[38/99]
(5A)  Where —
(a)
a person communicates or causes to be communicated a part of a work; and
(b)
subsection (1A) applies to that communication,
that subsection shall not apply to the communication, by or on behalf of that person, of any other part of that work within 14 days after the day on which the previous communication was made.
[52/2004]
(6)  In this section —
(a)
a reference to an edition of a work includes a reference to an edition of works that include that work; and
(b)
a reference to the making of a copy of a part of a work on the premises of an educational institution for the purposes of a course of education provided by the institution includes a reference to the making of a copy of that part of the work in an electronic form on a network operated or controlled by the educational institution concerned to enable persons undertaking a course of education provided by the educational institution to access the work.
[38/99]
[Aust. 1968, s. 135ZG]
Multiple copying or communication under statutory licence by educational institutions
52.
—(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.
[6/98; 52/2004]
(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.
[6/98; 52/2004]
(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.
[6/98]
(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.
[6/98]
(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.
[52/2004]
(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.
[52/2004]
(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.
[52/2004]
(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.
[52/2004]
(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.
[22/2005]
(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.
[6/98]
(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.
[6/98; 52/2004]
(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 a Copyright Tribunal on the application of either the owner or the body.
[23/2009 wef 31/12/2009]
(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.
[52/2004]
(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.
[52/2004]
(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 a Copyright Tribunal on the application of either the owner or the body.
[23/2009 wef 31/12/2009]
[52/2004]
(12)  Where a 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.
[23/2009 wef 31/12/2009]
[52/2004]
(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.
[52/2004]
(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.
[38/99]
(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.
[52/2004]
Things done for purposes of examination
52A.  The copyright in a work is not infringed by anything done for the purposes of an examination, whether by way of setting the questions, communicating the questions to the candidates or answering the questions.
[6/98]
Application of Division to illustrations accompanying articles and other works
53.  Where an article or other literary, dramatic or musical work is accompanied by an artistic work or artistic works provided for the purpose of explaining or illustrating the article or other work, the provisions of this Division shall apply as if —
(a)
where any of those sections provides that the copyright in the article or other work is not infringed — the reference to that copyright included a reference to any copyright in that artistic work or those artistic works;
(b)
a reference in section 51 or 52 to a copy of an article or other work included a reference to a copy of the article or other work together with a copy of that artistic work or those artistic works;
(c)
a reference in section 51 or 52 to a copy of a part of an article or other work included a reference to a copy of that part of the article or other work together with a copy of the artistic work or artistic works provided for the purpose of explaining or illustrating that part;
(d)
a reference in section 51 to a copy of a page of a literary, dramatic or musical work in an edition of the work or of works that include the work included a reference to a copy of a page in such an edition that contained that work and an artistic work or artistic works provided for the purpose of explaining or illustrating that part of that work; and
(e)
a reference in section 51 to a copy of pages of a literary, dramatic or musical work in an edition of that work or of works that include that work included a reference to a copy of pages in such an edition that contained a part of that work and an artistic work or artistic works provided for the purpose of explaining or illustrating that part of that work.
[Aust. 1968, s. 135ZM]