Clause 12

by deleting subsection (1) and substituting the following subsection:“(1) In proceedings against a person or body for infringement of copyright in a work or other subject‑matter in connection with the making, by or on behalf of an institution, of a copy of the whole or a part of that work or other subject‑matter, the person or body is not entitled to rely on section 45, 46, 48, 52, 54(1) or (5)(a) (including those provisions as applied by section 115C) or 54A as justification for the making of that copy unless, at or about the time the copy was made, there was made on the copy a notation stating that the copy was made on behalf of that institution and the date on which it was made.”;

by deleting subsection (3) and substituting the following subsection:“(3) In proceedings against a person or body for infringement of copyright in a work or other subject‑matter in connection with the making, by or on behalf of an institution, of a record embodying a sound recording of the whole or a part of that work or other subject‑matter, the person or body is not entitled to rely on section 54(1) or (5)(a) (including those provisions as applied by section 115C) unless, at the time the record was made, there was embodied on the record, immediately before the commencement of that sound recording, a sound recording of a prescribed message.”;

by inserting, immediately after the word “work” wherever it appears in subsections (4)(a), (5), (6), (7), (8) and (9), the words “or other subject‑matter”;

by deleting “54(10)” in subsection (6)(b) and substituting “54(15)”; and

by deleting subsection (12) and substituting the following subsection:“(12) In this section, “copy”, in relation to a work or other subject‑matter or a part of a work or other subject‑matter, includes a microform copy, a copy in an accessible format, of the work or other subject‑matter or of the part thereof.”.