§ 203 — Inclusion of authorial work in collections for use by educational institutions

203.—(1) If the conditions in subsection (2) are met, it is a permitted use to include a short extract of an authorial work in a collection of authorial works.(2) The conditions are —(a)

the work has been published;

(b)

the work was not published for the purpose of being used by educational institutions;

(c)

the collection is contained in a book, sound recording or film;

(d)

the collection is intended for use by educational institutions and this intention is described —(i)

in the book;

(ii)

on the label or container of each copy of the recording; or

(iii)

in the film;

(e)

the work is sufficiently acknowledged; and

(f)

the collection and any similar recent collection do not contain, in total, more than one other extract from —(i)

any other authorial work (being a copyright work) by the same author; or

(ii)

any adaptation of a literary, dramatic or musical work (being a copyright work) by the same author.

(3) For the purposes of this section —(a)

2 authorial works (including adaptations) are taken to have the same author if the same person is —(i)

the author or an author of both works; or

(ii)

the author of one work and an author of the other work; and

(b)

“similar recent collection” means a collection that is —(i)

published by the same publisher that published the collection mentioned in subsection (1);

(ii)

published in the 5 years immediately before the publication of the collection mentioned in subsection (1);

(iii)

intended for use by educational institutions; and

(iv)

otherwise similar to the collection mentioned in subsection (1).

—(1) If the conditions in subsection (2) are met, it is a permitted use to include a short extract of an authorial work in a collection of authorial works.

(2) The conditions are —(a)

the work has been published;

(b)

the work was not published for the purpose of being used by educational institutions;

(c)

the collection is contained in a book, sound recording or film;

(d)

the collection is intended for use by educational institutions and this intention is described —(i)

in the book;

(ii)

on the label or container of each copy of the recording; or

(iii)

in the film;

(e)

the work is sufficiently acknowledged; and

(f)

the collection and any similar recent collection do not contain, in total, more than one other extract from —(i)

any other authorial work (being a copyright work) by the same author; or

(ii)

any adaptation of a literary, dramatic or musical work (being a copyright work) by the same author.

(3) For the purposes of this section —(a)

2 authorial works (including adaptations) are taken to have the same author if the same person is —(i)

the author or an author of both works; or

(ii)

the author of one work and an author of the other work; and

(b)

“similar recent collection” means a collection that is —(i)

published by the same publisher that published the collection mentioned in subsection (1);

(ii)

published in the 5 years immediately before the publication of the collection mentioned in subsection (1);

(iii)

intended for use by educational institutions; and

(iv)

otherwise similar to the collection mentioned in subsection (1).