COPYRIGHT ACT 1968 - SECT 113P Copying and communicating works and broadcasts
COPYRIGHT ACT 1968 - SECT 113P
Copying and communicating works and broadcasts(1) The body administering an educational institution does not infringe copyright in a work by copying or communicating the whole or a part of the work if:
(a) a remuneration notice that applies to the educational institution and the work is in force under section 113Q; and
(b) the work is not:
(i) a computer program; or
(ii) a compilation of computer programs; or
(iii) a work included in a broadcast; or
(iv) a work comprising scheme information within the meaning of Part IVE of the Competition and Consumer Act 2010 (which provides for a motor vehicle service and repair information sharing scheme); and
(c) the copying or communicating occurs solely for the educational purposes of:
(i) the educational institution; or
(ii) another educational institution, if a remuneration notice that applies to the other educational institution and the work is in force under section 113Q; and
(d) the amount of the work copied or communicated does not unreasonably prejudice the legitimate interests of the owner of the copyright; and
(e) the copying or communicating complies with:
(i) any relevant agreement between the relevant works collecting society and the body administering the educational institution; and
(ii) any relevant determination made by the Copyright Tribunal under subsection (4) of this section.
(2) The body administering an educational institution does not infringe copyright in copyright material by copying, or communicating a copy of, the whole or a part of a broadcast if:
(a) a remuneration notice that applies to the educational institution and the material is in force under section 113Q; and
(i) the broadcast; or
(ii) a work, sound recording or cinematograph film included in the broadcast; and
(c) the copying or communicating occurs solely for the educational purposes of:
(i) the educational institution; or
(ii) another educational institution, if a remuneration notice that applies to the other educational institution and the material is in force under section 113Q; and
(d) the copying or communicating complies with:
(i) any relevant agreement between the broadcasts collecting society and the body administering the educational institution; and
(ii) any relevant determination made by the Copyright Tribunal under subsection (4) of this section.
(3) For the purposes of Part XIA, each performer in a performance is taken to have authorised the copying, or the communicating a copy, of the whole or a part of:
(a) a broadcast of the performance; or
(b) the content of a broadcast of the performance;
if subsection (2) applies to the copying or communicating.
Note: The effect of this subsection is that no right of action and no offence occurs, in respect of the copy or communication, under Part XIA (Performers' protection).
Questions determined by Copyright Tribunal
(4) The Copyright Tribunal may determine a question relating to copying or communicating mentioned in subsection (1) or (2) if:
(a) the relevant collecting society and the body administering the relevant educational institution fail to determine the question by agreement under subparagraph (1)(e)(i) or (2)(d)(i); and
(b) the society or the body applies to the Tribunal to have the Tribunal determine the question.
Note: Section 153A sets out the procedure of the Copyright Tribunal in dealing with the application.
Copies and communications subsequently used for other purposes
(5) Subsections (1), (2) and (3) do not apply, and are taken never to have applied, to copying, or communicating a copy, by a body administering an educational institution if the copy is, with the consent of the body:
(a) used for a purpose other than the educational purposes of an educational institution; or
(b) given to the body administering another educational institution, if no remuneration notice that applies to the other educational institution and the relevant copyright material is in force under section 113Q; or
(c) sold or otherwise supplied for a financial profit.
Content of certain broadcasts
(6) This section applies to the content of a broadcast in the same way as this section applies to a broadcast if the content of the broadcast was:
(a) electronically transmitted using the internet at the same time, or at substantially the same time, as the broadcast; or
(b) if the broadcast is a free - to - air broadcast--made
available online by the broadcaster of the broadcast at the same time as, or
after, the broadcast.