Copyright (New Technologies and Performers’ Rights) Amendment Bill

28 New section 48 substituted

• Section 48 is repealed and the following section substituted:

  “48 Educational establishment may record copy and communicate communication work

  • “(1) A recording copy of a communication work, or a copy of that recording, may be made or communicated by or on behalf of an educational establishment, and subsequently communicated within that educational establishment, without infringing copyright in the communication work or in any work included in it, if the recording copy is made or communicated for the establishment’s educational purposes.

    “(2) However, subsection (1) does not apply to—

    • “(a) the making of a recording or the copying of a communication work if or to the extent that—

      • “(i) licences authorising the recording copying of the communication work by or on behalf of educational establishments are available under a licensing scheme; and

      • “(ii) the establishment knew that fact; or

    • “(b) the communication of a recording copy of a communication work or a copy of a recording if or to the extent that—

      • “(i) licences authorising the communication of the recording or a copy of that recording copy by or on behalf of educational establishments are available under a licensing scheme; and

      • “(ii) the establishment knew that fact.”