51. Multiple copying or communication of insubstantial portions of works

Amended

Last amended by an amending law of 2004. 2 amendments in all.

(1)

Copyright in a literary or dramatic work is not infringed by the making of one or more copies of a part of the work in an edition of the work by any person if the copying is carried out on the premises of an educational institution for the purposes of a course of education provided by the institution.

(1A)

Copyright in a literary or dramatic work is not infringed by the communication of a part of the work in an edition of the work by any person if the communication is initiated from the premises of an educational institution for the purposes of a course of education provided by the institution.

(2)

Subsection (1) shall not apply to the making of a copy of, and subsection (1A) shall not apply to the communication of, the whole of a work.

(3)

Subsection (1) shall not apply to the making of a copy of, and subsection (1A) shall not apply to the communication of, more than 5 of the pages of a work in an edition of the work unless —

(a)

there are more than 500 pages in the edition; and

(b)

the total number of pages so copied does not exceed 5% of the total number of pages in the edition.

(4)

Subsection (1) shall not apply to the making of a copy, and subsection (1A) shall not apply to the communication, of a part of a work in an edition of the work, being an edition stored on any medium by electronic means and not divided into pages, if the part copied or communicated exceeds, in the aggregate —

(a)

5% of the total number of bytes in the edition; and

(b)

5% of the total number of words in that edition or, where it is not practicable to use the total number of words as a measure, 5% of the contents of the edition.

(5)

Where —

(a)

a person makes or causes to be made a copy of a part of a work; and

(b)

subsection (1) applies to the making of that copy,that subsection shall not apply to the making, by or on behalf of that person, of a copy of any other part of that work within 14 days after the day on which the previous copy was made.

(5A)

Where —

(a)

a person communicates or causes to be communicated a part of a work; and

(b)

subsection (1A) applies to that communication,that subsection shall not apply to the communication, by or on behalf of that person, of any other part of that work within 14 days after the day on which the previous communication was made.

(6)

In this section —

(a)

a reference to an edition of a work includes a reference to an edition of works that include that work; and

(b)

a reference to the making of a copy of a part of a work on the premises of an educational institution for the purposes of a course of education provided by the institution includes a reference to the making of a copy of that part of the work in an electronic form on a network operated or controlled by the educational institution concerned to enable persons undertaking a course of education provided by the educational institution to access the work. [Aust. 1968, s. 135ZG]

Terms defined in s 7

copy
Defined · s 7
“copy”, in relation to a cinematograph film, means any article or thing in which the visual images or sounds comprising the film are embodied;
Open s 7
dramatic work
Defined · s 7
“dramatic work” includes —(a)a choreographic show or other dumb show if described in writing in the form in which the show is to be presented; and(b)a scenario or script for a cinematograph film,but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film;
Open s 7
educational institution
Defined · s 7
“educational institution” means —(a)a school or similar institution at which one or more of the following is provided:(i)full-time primary education;(ii)full-time secondary education;(iii)full-time pre-university education;(iv)such other full-time education as may be prescribed by regulations made under this Act;(b)a junior college, a university, a college of advanced education or a technical and further education institution;(c)an institution that conducts courses of primary, secondary, pre-university or tertiary education by correspondence or on an external study basis;(d)a school of nursing;(e)an undertaking within a hospital, being an undertaking that conducts courses of study or training in —(i)the provision of medical services; or(ii)the provision of services incidental to the provision of medical services;(f)a teacher education centre;(g)an institution that has, as its principal function, the provision of courses of study or training for the purpose of —(i)general education;(ii)the preparation of persons for a particular occupation or profession; or(iii)the continuing education of persons engaged in a particular occupation or profession;(h)such other institution at which education is provided as may be declared by regulations made under this Act to be an institution to which this paragraph applies;(i)an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (h), being an undertaking that has as its principal function, or as one of its principal functions, the provision of teacher training for persons engaged as instructors in educational institutions of such a kind, or of 2 or more such kinds;(j)an institution, or an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (i), being an institution or undertaking that has as its principal function, or as one of its principal functions, the furnishing of materials to educational institutions of a kind referred to in paragraphs (a) to (i), or to educational institutions of 2 or more such kinds, for the purpose of assisting those institutions in their teaching purposes,but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals;
Open s 7
institution
Defined · s 7
“institution” includes an educational institution;
Open s 7
work
Defined · s 7
“work” means a literary, dramatic, musical or artistic work;
Open s 7

Report

Read on from s 52