Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_135zmd
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 135ZMD
Character Range: 93829–95707

135ZMD  Multiple reproduction and communication of works that are in electronic form by educational institutions

 (1) Subject to this section, the copyright in a literary, dramatic, musical or artistic work (other than an article contained in a periodical publication) is not infringed by:
 (a) the making of one or more reproductions of the whole or a part of the work; or
 (b) the communication of the whole or a part of the work;
by, or on behalf of, a body administering an educational institution if:
 (c) a remuneration notice given by, or on behalf of, the body to the relevant collecting society is in force; and
 (d) the reproduction or communication is carried out solely for the educational purposes of the institution or of another educational institution; and
 (e) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as the case requires, in relation to each reproduction or communication.

 (2) This section does not apply in relation to the reproduction or communication of:
 (a) the whole, or of more than a reasonable portion of, a literary or dramatic work; or
 (b) the whole, or of more than 10% of, a musical work;
that has been separately published unless the person who makes the reproduction or communication, or causes it to be made, for, or on behalf of, the body is satisfied, after reasonable investigation, that the work is not available in electronic form within a reasonable time at an ordinary commercial price.

 (3) If:
 (a) a person communicates a part of a work by or on behalf of a body administering an educational institution, by making the part available online; and
 (b) subsection (1) applies to the communication;
that subsection does not apply to the making available online by, or on behalf of, that body of any other part of that work while the part previously made available online continues to be so available.