44A Storing copies for educational purposes

(1)

An educational establishment does not infringe copyright in a work that is made available on a website or other electronic retrieval system by storing a copy of the page or pages in which the work appears if—

(a)

the material is stored for an educational purpose; and

(b)

the material—

(i)

is displayed under a separate frame or identifier; and

(ii)

identifies the author (if known) and source of the work; and

(iii)

states the name of the educational establishment and the date on which the work was stored; and

(c)

the material is restricted to use by authenticated users.

(2)

Subsection (1) does not apply, and the educational establishment does infringe copyright in the work, if the educational establishment knowingly fails to delete the stored material within a reasonable time after the material becomes no longer relevant to the course of instruction for which it was stored.

(3)

In subsection (1), authenticated user means a person who—

(a)

is a participant in the course of instruction for which the material is stored; and

(b)

can access the stored material only through a verification process that verifies that he or she is entitled to access the stored material.

Section 44A: inserted, on 31 October 2008, by section 26 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).