§ 43 — What is a reasonable portion when copying a published edition of a literary, dramatic or musical work

43.—(1) In the following cases, a copy of a literary, dramatic or musical work contained in a published edition of the work is taken to contain only a reasonable portion of the work for the purposes of this Act:(a)

where the edition has 10 or more pages —(i)

only 10% or less of the number of pages in the edition are copied in total; or

(ii)

if the edition is divided into chapters — the pages copied are all from the same chapter;

(b)

where the edition is an electronic edition and is not divided into pages —(i)

only 10% or less of the total number of bytes in the edition are copied in total;

(ii)

only 10% or less of the total number of words in that edition are copied in total;

(iii)

if it is not practicable to use the total number of words as a measure — only 10% or less of the contents of that edition are copied in total; or

(iv)

if the edition is divided into chapters — the parts copied are all from the same chapter.

(2) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to a literary, dramatic or musical work.

(3) This section does not limit the meaning of “reasonable portion” in this Act.

—(1) In the following cases, a copy of a literary, dramatic or musical work contained in a published edition of the work is taken to contain only a reasonable portion of the work for the purposes of this Act:(a)

where the edition has 10 or more pages —(i)

only 10% or less of the number of pages in the edition are copied in total; or

(ii)

if the edition is divided into chapters — the pages copied are all from the same chapter;

(b)

where the edition is an electronic edition and is not divided into pages —(i)

only 10% or less of the total number of bytes in the edition are copied in total;

(ii)

only 10% or less of the total number of words in that edition are copied in total;

(iii)

if it is not practicable to use the total number of words as a measure — only 10% or less of the contents of that edition are copied in total; or

(iv)

if the edition is divided into chapters — the parts copied are all from the same chapter.

(2) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to a literary, dramatic or musical work.

(3) This section does not limit the meaning of “reasonable portion” in this Act.