Section 40
Section 40
(1)
Reprographic copies of passages from a published literary, dramatic or musical work may, to the extent permitted by this section, be made by or on behalf of an educational establishment for the purpose of instruction without infringing any copyright in the work, or in the typographical arrangement.
(2)
Not more than one per cent of any work may be copied by or on behalf of an establishment under this section in any quarter, that is, in any period 1st. January to 31st.
March, 1st. April to 30th. June, 1st. July to 30th. September or 1st. October to 31st. December.
(3)
Copying is not authorised by this section if, or to the extent that, licences are available authorising the copying in question and the person making the copies knew or ought to have been aware of that fact.
(4)
The terms of a licence granted to an educational establishment authorising the reprographic copying for the purpose of instruction of passages from published literary, dramatic or musical works are of no effect so far as they purport to restrict the proportion of a work which may be copied (whether on payment or not) to less than that which would be permitted under this section.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
38
BLUV as at 24th December 2013
(5)
Where a copy which would otherwise be an infringing copy is made in accordance with this section 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.
Libraries and archives
Libraries and archives: introductory.