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Section 235 — prescribed notice to be placed on or near copying machine

Copyright Regulations 2021

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—(1) A notice for the purposes of section 235(1)(b) —(a)must be 297 millimetres long and 210 millimetres wide; and(b)must contain the following message: “WARNING A rights owner under the Copyright Act 2021 is entitled to take legal action against a person who commits a rights infringement against the rights owner. Unless it is a permitted use under the Copyright Act 2021, unauthorised copying of a copyright work or protected performance may be a rights infringement. Where making a copy is a fair use under the Copyright Act 2021, making that copy is a permitted use. Making a copy of one or more articles in a periodical publication is a fair use under section 194 of the Copyright Act 2021 if the copy is made for the purpose of research or study and the articles relate to the same subject matter. Making a copy of no more than a reasonable portion of a literary, dramatic or musical work for the purpose of research or study is also a fair use under section 194 of the Copyright Act 2021. If a published edition of a literary, dramatic or musical work is 10 or more pages, 10% of the total number of pages or one chapter is a reasonable portion. If a published edition of a literary, dramatic or musical work is an electronic edition that is not divided into pages, each of the following is a reasonable portion: (a)10% of the total number of bytes in that edition; (b)10% 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, 10% of the contents of that edition; (c)one chapter of the work. More extensive copying may also constitute a fair use. To determine whether it does, it is necessary to have regard to the matters set out in section 191 of the Copyright Act 2021.”.(2) For a period of 2 years after 21 November 2021, the form of notice prescribed by the Third Schedule to the revoked Copyright Regulations (Cap. 63, Rg 4, 2009 Revised Edition) in force immediately before that date may be used instead of the message prescribed by paragraph (1)(b).

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