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Contents

FIRST SCHEDULE

SECOND SCHEDULE Institutions assisting persons with reading disabilities

THIRD SCHEDULE Form of Notice for Purposes of Sections 34(b) and 105A(b)

FOURTH SCHEDULE Copyright Act (Chapter 63)

FIFTH SCHEDULE Copyright Act (Chapter 63)

SIXTH SCHEDULE Copyright Act (Chapter 63)

SEVENTH SCHEDULE Copyright Act (Chapter 63)

EIGHTH SCHEDULE Institutions Assisting Intellectually Handicapped Readers

NINTH SCHEDULE Copyright Act (Chapter 63)

TENTH  SCHEDULE Copyright Act (Chapter 63)

ELEVENTH  SCHEDULE

TWELFTH  SCHEDULE

Legislative History

 
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On 02/04/2015, you requested the version in force on 02/04/2015 incorporating all amendments published on or before 02/04/2015. The closest version currently available is that of 31/03/2015.
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Retention of declarations in relation to copies, copying records and communication records
9.
—(1)  Where a copy of the whole, or a part of a work, or of other subject-matter, is made in reliance on section 45, 46, 48 or 113 of the Act by an authorised officer of a library or archives, the body administering the library or archives concerned and the officer-in-charge of the library or archives concerned shall retain the relevant declaration in relation to the making of the copy in the records of the library or archives until the expiration of 4 years after the date the copy was made, failing which the body administering the library or archives concerned and, subject to paragraph (3), the officer-in-charge of the library or archives concerned shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $1,000.
(2)  Where —
(a)
a copy of the whole or a part of a work is made in reliance of section 52 of the Act by or on behalf of the body administering an educational institution;
(b)
an accessible format copy of a work or other subject-matter, or of a part of a work or other subject-matter, is made, distributed, made available or imported, in reliance of section 54 of the Act (including that provision as applied by section 115C of the Act), by or on behalf of the body administering an institution assisting persons with reading disabilities or an educational institution; or
(c)
an intellectually handicapped reader’s copy of the whole or a part of a work is made in reliance of section 54A of the Act by or on behalf of the body administering an institution assisting intellectually handicapped readers,
the body administering the institution, and the custodian in charge of the records of the making, distribution, making available or importation (as the case may be) of the copy, must retain the records until the expiration of 4 years after the date of such making, distribution, making available or importation.
(2A)  Subject to paragraph (3), a person who fails to comply with paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
(3)  No officer-in-charge of a library or archives and no custodian in charge of the records of an educational institution, institution assisting persons with reading disabilities or institution assisting intellectually handicapped readers shall be guilty of an offence of failing to comply with paragraph (1) or (2), if he proves that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control or supervision.
(4)  Where the communication of the whole or a part of the work is made in reliance on section 52 of the Act by or on behalf of the body administering an educational institution, the body administering the institution and the custodian in charge of the communication records of the institution shall retain the relevant record in relation to the communication in the records of the institution until the expiration of 4 years after the date of the communication.
(5)  The body administering the institution and, subject to paragraph (6), the custodian in charge of the communication records of the institution which fail to comply with paragraph (4) shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $1,000.
(6)  No custodian in charge of the communication records of an educational institution shall be guilty of an offence of failing to comply with paragraph (4) if he proves that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control or supervision.