Clause 17

by inserting, immediately after the words “the making of copies” in subsections (1) and (2), the words “, or the communication,”;

by inserting, immediately after subsection (7), the following subsections:“(7A) Subsection (1) shall not apply in relation to the communication of, or of parts of, 2 or more articles contained in the same periodical publication, unless the articles relate to the same subject-matter.(7B) Subsection (2) shall not apply in relation to the communication of, or of more than a reasonable portion of, a work that has been separately published, unless the person who communicates the work or portion, or causes the work or portion to be communicated, for or on behalf of the body administering the educational institution, is satisfied, after reasonable investigation, that copies (not being secondhand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price.(7C) Subsection (1) shall not apply to the communication of the whole or a part of an article contained in a periodical publication by or on behalf of the body administering an educational institution, for the educational purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the communication, a record of the communication setting out such particulars as may be prescribed by the regulations.(7D) Subsection (2) shall not apply to the communication of the whole or a part of a work (not being an article contained in a periodical publication) by or on behalf of the body administering an educational institution, for the educational purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the communication, a record of the communication setting out such particulars as may be prescribed by the regulations.”;

by inserting, immediately after the words “by or on behalf of” in subsection (9), the words “the body administering”;

by inserting, immediately after subsection (11), the following subsections:“(11A) Where —

the whole or a part of a work, other than an article in a periodical publication, is communicated as provided in subsection (2) —

by or on behalf of the body administering an educational institution for the educational purposes of an educational institution; and

to persons undertaking a correspondence course, or an external study course, provided by the educational institution, otherwise than as a part of the lecture notes prepared in connection with that course; and

the communication does not contain more than a reasonable portion of the work,the record made in relation to the communication in accordance with subsection (7D) may state that it is a communication to which this subsection applies.(11B) Where the whole or a part of a work consisting of an article in a periodical publication is communicated as provided in subsection (1) —

by or on behalf of the body administering an educational institution for the educational purposes of an educational institution; and

to persons undertaking a correspondence course, or an external study course, provided by the educational institution, otherwise than as a part of the lecture notes prepared in connection with that course,the record made in relation to the communication in accordance with subsection (7C) may state that it is a communication to which this subsection applies.(11C) Where —

the whole or a part of a work is communicated by or on behalf of the body administering an educational institution;

the communication is not a communication to which subsection (11A) or (11B) applies; and

by virtue of this section, the communication does not infringe copyright in the work,that body shall, if the owner of the copyright in the work makes a request in writing, at any time during the prescribed period after the communication, for payment for the communication, pay to the owner such an amount by way of equitable remuneration for the communication as is agreed upon between the owner and the body or, in default of agreement, as is determined by the Copyright Tribunal on the application of either the owner or the body.”;

by inserting, immediately after the words “copies of the whole or a part of that work that have been made” in subsection (12), the words “, or the communication of the whole or a part of that work,”;

by deleting subsection (13) and substituting the following subsection:“(13) Nothing in this section shall affect the right of the owner of copyright in a work to grant a licence authorising the body administering an educational institution —

to make, or cause to be made, copies of the whole or a part of the work; or

to communicate, or cause to be communicated, the whole or a part of the work,without infringement of that copyright.”;

by inserting, immediately after subsection (14), the following subsection:“(15) For the purposes of this section, a reference to the communication of the whole or a part of an article contained in a periodical publication, or of a work, for the educational purposes of an educational institution includes the communication of the whole of the article or work, or that part of the article or work, in an electronic form on a network operated or controlled by that or another educational institution to enable persons undertaking a course of education provided by that or another educational institution to access the article or work, or that part of the article or work.”; and

by inserting, immediately after the word “copying” in the section heading, the words “or communication”.