Copyright Act 1994

93 Subsequent dealings with copies made under this Part

• (1) Where a copy that would otherwise be an infringing copy—

  • (a) is either—

    • (i) made in accordance with any of the provisions of this Act referred to in subsection (2); or

    • (ii) made in accordance with any of the provisions of this Act referred to in subsection (2) and, where the provision in accordance with which the copy is made allows the copy to be dealt with, is dealt with; and

  • (b) is subsequently dealt with,—

  it shall be treated as an infringing copy—

  • (c) for the purposes of the dealing referred to in paragraph (b), unless that dealing is an authorised dealing; and

  • (d) for the purposes of any dealing that is subsequent to the dealing referred to in paragraph (b), unless the first-mentioned dealing is an authorised dealing.

  (2) The provisions referred to in subsection (1) are as follows:

  • (a) section 43A (which relates to transient reproduction of work):

  • (b) section 44 (which relates to copying for educational purposes of literary, dramatic, musical, or artistic works or typographical arrangements):

  • (c) section 44A (which relates to storing for educational purposes):

  • (d) section 45 (which relates to copying for educational purposes of films and sound recordings):

  • (e) section 48 (which relates to recording by educational establishments of communication works):

  • (f) section 49 (which relates to things done for the purposes of an examination):

  • (g) section 51 (which relates to copying by librarians of parts of published works):

  • (h) section 52 (which relates to copying by librarians of articles in periodicals):

  • (i) section 53 (which relates to copying by librarians for users of other libraries):

  • (j) section 55 (which relates to copying by librarians or archivists to replace copies of works):

  • (k) section 56 (which relates to copying by librarians or archivists of certain unpublished works):

  • (l) sections 56A to 56C (which relate to access to and copying of works in digital format):

  • (m) section 58 (which relates to copying by the Parliamentary Library for members of Parliament):

  • (n) section 69 (which relates to the provision of Braille copies of literary or dramatic works):

  • (o) section 80A (which relates to the decompilation of computer programs):

  • (p) section 80B (which relates to copying or adapting computer programs if necessary for lawful use):

  • (q) section 81A (which relates to copying sound recordings for private and domestic use):

  • (r) section 83 (which relates to recording for the purposes of complaining):

  • (s) section 84 (which relates to recording for the purposes of time shifting):

  • (t) section 90 (which relates to recording for archival purposes):

  • (u) section 92C (which relates to Internet service provider liability for storing infringing material):

  • (v) section 92E (which relates to Internet service provider liability for caching infringing material).

  (3) In subsection (1), the term dealt with means—

  • (a) sold or let for hire in the course of a business or otherwise; or

  • (b) offered or exposed for sale or hire in the course of a business.

  Compare: Copyright, Designs and Patents Act 1988 ss 32(5), 35(3), 36(5) (UK)

  Section 93(2): substituted, on 31 October 2008, by section 54 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).