Section 152
Section 152
(1)
The Attorney General may, within one year of the making of a recommendation under section 151, by order provide that if, or to the extent that, provision has not been made in accordance with the recommendation, the making by or on behalf of an educational establishment, for the purpose of instruction, of reprographic copies of the works to which the recommendation relates shall be treated as licensed by the owners of the copyright in those works.
(2)
For that purpose, provision shall be regarded as having been made in accordance with the recommendation if –
(a)
a certified licensing scheme (which expression in this section means a licensing scheme certified for the purpose of this section under section 153) has been established under which a licence is available to the establishment in question; or
(b)
a general licence (which expression in this section has the same meaning as in subsection (6) of section 151) has been –
(i)
granted to or for the benefit of that establishment;
(ii)
referred by or on behalf of that establishment to the Copyright
Tribunal under section 129; or
(iii)
offered to or for the benefit of that establishment and refused without such a reference, and the terms of the scheme or licence accord with the recommendation.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
112
BLUV as at 24th December 2013
(3)
The order shall also provide that any existing licence authorising the making of such copies, not being a licence granted under a certified licensing scheme or a general licence, shall cease to have effect to the extent that it is more restricted or more onerous than the licence provided for by the order.
(4)
The order shall provide for the licence to be free of royalty, but otherwise subject to any terms specified in the recommendation and to such other terms as the Attorney
General may think fit.
(5)
The order may provide that where a copy which would otherwise be an infringing copy is made in accordance with the licence provided by the order but is subsequently dealt with, it shall be treated as an infringing copy for the purpose of that dealing, and if that dealing infringes copyright shall be so treated for all subsequent purposes. In this subsection, “dealt with” means sold, let for hire, offered or exposed for sale or hire, or exhibited in public.
(6)
The order shall not commence until at least six months after it is made.
Certification of licensing schemes
Certification of licensing schemes.