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

197.—(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.

—(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.