45 Copying for educational purposes of films and sound recordings

(1)

Copyright in any work that is a film, sound recording, or communication work, or any work included in a film, sound recording, or communication work, is not infringed by the copying of that work in the circumstances set out in subsection (2).

(2)

The circumstances referred to in subsection (1) are—

(a)

that the copying consists of or includes the making of a film or film soundtrack—

(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,—

where the lesson is on how to make films or film soundtracks; and

(b)

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

(c)

that 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 the lesson.

(3)

Copyright in—

(a)

any work that is a sound recording; or

(b)

any work included in a sound recording—

is not infringed by the copying of that work in the circumstances set out in subsection (4).

(4)

The circumstances referred to in subsection (3) are—

(a)

that 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,—

where the lesson—

(v)

relates to the learning of a language; or

(vi)

is conducted by correspondence; and

(b)

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

(c)

that 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 the lesson.

(5)

Subsections (3) and (4) do not apply if or to the extent that licences authorising the copying of a work in the circumstances set out in subsection (4) are available under a licensing scheme and the person doing the copying knew that fact.

Compare: Copyright, Designs and Patents Act 1988 s 32(2) (UK)

Section 45(1): substituted, on 31 October 2008, by section 27 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).