Education

44 Copying for educational purposes of literary, dramatic, musical or artistic works or typographical arrangements

(1)

Copyright in a literary, dramatic, musical, or artistic work or the typographical arrangement of a published edition is not infringed by the copying of the whole or part of the work or edition if—

(a)

the copying is done by means of a reprographic process or by any other means; and

(b)

the copying is done—

(i)

in the course of preparation for instruction; or

(ii)

for use in the course of instruction; or

(iii)

in the course of instruction; and

(c)

the copying is done by or on behalf of the person who is to give, or who is giving, a lesson at an educational establishment; and

(d)

no more than 1 copy of the whole or part of the work or edition is made on any one occasion.

(2)

Copyright in a literary, dramatic, musical, or artistic work or the typographical arrangement of a published edition is not infringed by the copying of the whole or part of the work or edition if—

(a)

the copying is not done by means of a reprographic process; and

(b)

the copying is done—

(i)

in the course of preparation for instruction; or

(ii)

for use in the course of instruction; or

(iii)

in the course of instruction; or

(iv)

after the course of instruction; and

(c)

the copying is done by a person who is to give, is giving, or has given the lesson or by a person who is to receive, is receiving, or has received the lesson; and

(d)

1 or more copies of the whole or part of the work or edition is or are made on any one occasion.

(3)

Copyright in a literary, dramatic, or musical work or the typographical arrangement of a published edition is not infringed by the copying of part of the work or edition if—

(a)

the copying is done by means of a reprographic process or by any other means; and

(b)

the copying is done for an educational purpose; and

(c)

the copying is done by or on behalf of an educational establishment; and

(d)

1 or more copies of part of the work or edition is or are made on any one occasion; and

(e)

no charge is made for the supply of a copy to any student or other person who is to receive, is receiving, or has received a lesson; and

(f)

subject to subsection (4), either,—

(i)

in the period beginning with the commencement of this Act and ending with the close of 31 December 1997, the copying is of no more than the greater of 5% of the work or edition or 5 pages of the work or edition; or

(ii)

on and after 1 January 1998, the copying is of no more than the greater of 3% of the work or edition or 3 pages of the work or edition.

(4)

If the effect of subparagraph (i) or subparagraph (ii) of subsection (3)(f) would be that the whole of a work or edition is copied, those subparagraphs shall not apply and the copying that is permitted under subsection (3) shall be of no more than 50% of the whole work or edition.

(4A)

A copy of a work made in accordance with subsections (3) and (4) may be communicated to a person who is a student or other person who is to receive, is receiving, or has received, a lesson that relates to the work.

(5)

Copyright in an artistic work is not infringed by the copying, by means of a reprographic process or by any other means, of the whole or a part of that work if the artistic work is included within the part of any work or edition copied under subsection (3).

(6)

Where any part of a work or edition is copied under subsection (3) by or on behalf of an educational establishment,—

(a)

that part of that work or edition may not, within 14 days of that copying, be copied again under that subsection by or on behalf of that educational establishment; and

(b)

no other part of that work or edition may, within 14 days of that copying, be copied under that subsection by or on behalf of that educational establishment.

(7)

In subsections (3) to (6),—

published edition or edition, in relation to a collective work, means that part of the edition containing each work or part of a work

work, in relation to a collective work, means each of the works or parts of works in the collective work.

Compare: Copyright, Designs and Patents Act 1988 ss 32(1), 36(1) (UK)

Section 44(4A): inserted, on 31 October 2008, by section 25 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).