46 Anthologies for educational use

(1)

The copying of a short passage from a published work (being a literary, dramatic, or musical work) in a collection that—

(a)

is intended for use in educational establishments and is so described in its title, and in any advertisements issued by or on behalf of the publisher of that collection; and

(b)

consists mainly of material in which no copyright exists or in which copyright is owned by the publisher of that collection or the Crown—

does not infringe copyright in the work if—

(c)

the publisher of the work did not intend it to be used in such establishments; and

(d)

the passage is accompanied by a sufficient acknowledgement.

(2)

Subsection (1) does not authorise the copying of more than 2 passages from copyright works by the same author in collections published by the same publisher over any period of 5 years.

(3)

In relation to any given passage, the reference in subsection (2) to passages from copyright works by the same author—

(a)

shall be taken to include passages from collective works of which that author is one of the authors; and

(b)

if the passage in question is from such a collective work, shall be taken to include passages from works by any of the authors, whether alone or in collaboration with another.

(4)

References in this section to the use of a work in an educational establishment are to any use for the educational purposes of such an establishment.

(5)

Subsection (1) does not apply to a literary work that is a computer program.

Compare: 1962 No 33 s 19(6); Copyright, Designs and Patents Act 1988 s 33 (UK)