§ 281 — Copying or communicating publicly disclosed material

281.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a)

make a copy of any of the following material:(i)

a work;

(ii)

a recording of a protected performance; or

(b)

communicate the material to the public.

(2) The conditions are —(a)

the material —(i)

is already publicly disclosed material; or

(ii)

becomes publicly disclosed material by virtue of a copy of the material being supplied as part of, or incidentally to, the act of making or communicating the copy;

(b)

if the material is in the possession, custody or control of the Government — the copy or communication is made by or with the authority of the Government;

(c)

if the material is in the possession, custody or control of a public body — the copy or communication is made by or with the authority of the public body; and

(d)

the copy or communication is made —(i)

to facilitate the more convenient viewing or hearing of the material; or

(ii)

for the purpose of supplying, communicating or disclosing the material as required or permitted by the law mentioned in section 280(1)(c).

(3) Where —(a)

an act is a permitted use of any material under this section; and

(b)

copies of the material are supplied to the public as part of, or incidentally to, that act,

the supply of those copies —

(c)

is not to be treated, for the purposes of this Act, as publishing the material (or any work or recording included in the material); and

(d)

must be ignored in determining the duration of any copyright (or the included work).

—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a)

make a copy of any of the following material:(i)

a work;

(ii)

a recording of a protected performance; or

(b)

communicate the material to the public.

(2) The conditions are —(a)

the material —(i)

is already publicly disclosed material; or

(ii)

becomes publicly disclosed material by virtue of a copy of the material being supplied as part of, or incidentally to, the act of making or communicating the copy;

(b)

if the material is in the possession, custody or control of the Government — the copy or communication is made by or with the authority of the Government;

(c)

if the material is in the possession, custody or control of a public body — the copy or communication is made by or with the authority of the public body; and

(d)

the copy or communication is made —(i)

to facilitate the more convenient viewing or hearing of the material; or

(ii)

for the purpose of supplying, communicating or disclosing the material as required or permitted by the law mentioned in section 280(1)(c).

(3) Where —(a)

an act is a permitted use of any material under this section; and

(b)

copies of the material are supplied to the public as part of, or incidentally to, that act,

the supply of those copies —

(c)

is not to be treated, for the purposes of this Act, as publishing the material (or any work or recording included in the material); and

(d)

must be ignored in determining the duration of any copyright (or the included work).