Document ID: chunk:federal_register_of_legislation:C2017A00049:clause:1_113p:p1
Version: federal_register_of_legislation:C2017A00049
Segment Type: clause
Provision Reference: sch 1 cl 113P (pt 1/2)
Character Range: 14158–17029

113P  Copying and communicating works and broadcasts

Works
 (1) The body administering an educational institution does not infringe copyright in a work by copying or communicating the whole or a part of the work if:
 (a) a remuneration notice that applies to the educational institution and the work is in force under section 113Q; and
 (b) the work is not:
 (i) a computer program; or
 (ii) a compilation of computer programs; or
 (iii) a work included in a broadcast; and
 (c) the copying or communicating occurs solely for the educational purposes of:
 (i) the educational institution; or
 (ii) another educational institution, if a remuneration notice that applies to the other educational institution and the work is in force under section 113Q; and
 (d) the amount of the work copied or communicated does not unreasonably prejudice the legitimate interests of the owner of the copyright; and
 (e) the copying or communicating complies with:
 (i) any relevant agreement between the relevant works collecting society and the body administering the educational institution; and
 (ii) any relevant determination made by the Copyright Tribunal under subsection (4) of this section.

Broadcasts
 (2) The body administering an educational institution does not infringe copyright in copyright material by copying, or communicating a copy of, the whole or a part of a broadcast if:
 (a) a remuneration notice that applies to the educational institution and the material is in force under section 113Q; and
 (b) the material is:
 (i) the broadcast; or
 (ii) a work, sound recording or cinematograph film included in the broadcast; and
 (c) the copying or communicating occurs solely for the educational purposes of:
 (i) the educational institution; or
 (ii) another educational institution, if a remuneration notice that applies to the other educational institution and the material is in force under section 113Q; and
 (d) the copying or communicating complies with:
 (i) any relevant agreement between the broadcasts collecting society and the body administering the educational institution; and
 (ii) any relevant determination made by the Copyright Tribunal under subsection (4) of this section.
 (3) For the purposes of Part XIA, each performer in a performance is taken to have authorised the copying, or the communicating a copy, of the whole or a part of:
 (a) a broadcast of the performance; or
 (b) the content of a broadcast of the performance;
if subsection (2) applies to the copying or communicating.
Note: The effect of this subsection is that no right of action and no offence occurs, in respect of the copy or communication, under Part XIA (Performers' protection).

Questions determined by Copyright Tribunal
 (4) The Copyright Tribunal may determine a question relating to copying or communicating mentioned in subsection (1) or (2) if:
 (a) the relevant