§ 217 — Copying by institution aiding persons with intellectual disabilities — authorial works

217.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of an authorial work.(2) The conditions are —(a)

the work has been published;

(b)

the copy is made by or on behalf of a body (X) administering an institution aiding persons with intellectual disabilities;

(c)

the copy is made for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the institution or not);

(d)

before the copy is made, X (or a person acting on behalf of X) —(i)

makes a reasonable investigation; and

(ii)

is satisfied that there is no new copy of the work that —(A)

has been separately published;

(B)

is in a form that is suitable for aiding persons with intellectual disabilities; and

(C)

could be obtained within a reasonable time at an ordinary commercial price;

(e)

the copy is notated according to section 301; and

(f)

as soon as practicable after the copy is made, the prescribed record is made by or on behalf of X.

(3) X must pay equitable remuneration to the copyright owner if the latter makes a written request within the prescribed time after the copy is made.

(4) The amount of equitable remuneration is to be —(a)

agreed between X and the copyright owner; or

(b)

in default of agreement, decided by a Copyright Tribunal.

(5) In this section, “new copy” means a copy that is not secondhand.

—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of an authorial work.

(2) The conditions are —(a)

the work has been published;

(b)

the copy is made by or on behalf of a body (X) administering an institution aiding persons with intellectual disabilities;

(c)

the copy is made for the sole purpose of aiding persons with intellectual disabilities (whether the aid is provided by the institution or not);

(d)

before the copy is made, X (or a person acting on behalf of X) —(i)

makes a reasonable investigation; and

(ii)

is satisfied that there is no new copy of the work that —(A)

has been separately published;

(B)

is in a form that is suitable for aiding persons with intellectual disabilities; and

(C)

could be obtained within a reasonable time at an ordinary commercial price;

(e)

the copy is notated according to section 301; and

(f)

as soon as practicable after the copy is made, the prescribed record is made by or on behalf of X.

(3) X must pay equitable remuneration to the copyright owner if the latter makes a written request within the prescribed time after the copy is made.

(4) The amount of equitable remuneration is to be —(a)

agreed between X and the copyright owner; or

(b)

in default of agreement, decided by a Copyright Tribunal.

(5) In this section, “new copy” means a copy that is not secondhand.