Section 197 — Copying or communicating very small portions of literary or dramatic work for course of education provided by educational institutions

(1)If the conditions in subsection (2) are met, it is a permitted use of a literary or dramatic work for a person (X) to —

(a)make a copy of a part (but not the whole) of the work in an edition of the work; or

(b)communicate a part (but not the whole) of the work in an edition of the work.

(2)The conditions are —

(a)the copy or communication is made for the purposes of a course of education provided by an educational institution;

(b)either —

(i)the copy or communication is made on or from the institution’s premises; or

(ii)the copy (being an electronic copy) or communication is made on a network operated or controlled by the institution;

(c)the part of the work that is copied or communicated does not exceed —

(i)if the edition has 500 pages or less — 5 pages;

(ii)if the edition has more than 500 pages — 5% of the total number of pages in the edition;

(iii)if the edition is an electronic edition and is not divided into pages —(A) 5% of the total number of bytes in the edition; and (B) 5% of the total number of words in the edition or, where it is not practicable to use the total number of words as a measure, 5% of the contents of the edition; and

(d)in the 14 days before the day on which the work is copied or communicated, X does not (whether on X’s own behalf or on behalf of another person) —

(i)copy or communicate any part of the work; or

(ii)cause any part of the work to be copied or communicated.

(3)In this section, a reference to a literary or dramatic work includes a reference to an explanatory or illustrative artistic work accompanying the literary or dramatic work.