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Copyright, Designs and Patents Act 1988

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32 Things done for purposes of instruction or examination.E+W+S+N.I.

[F1(1)Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying—

(a)is done by a person giving or receiving instruction,

(b)is not done by means of a reprographic process, and

(c)is accompanied by a sufficient acknowledgement,

and provided that the instruction is for a non-commercial purpose.

(2)Copyright in a sound recording, film or broadcast is not infringed by its being copied by making a film or film sound-track in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks, provided the copying—

(a)is done by a person giving or receiving instruction, and

(b)is accompanied by a sufficient acknowledgement,

and provided that the instruction is for a non-commercial purpose.

(2A)Copyright in a literary, dramatic, musical or artistic work which has been made available to the public is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying—

(a)is fair dealing with the work,

(b)is done by a person giving or receiving instruction,

(c)is not done by means of a reprographic process, and

(d)is accompanied by a sufficient acknowledgement.

(2B)The provisions of section 30(1A) (works made available to the public) apply for the purposes of subsection (2A) as they apply for the purposes of section 30(1).]

(3)Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions [F2, provided that the questions are accompanied by a sufficient acknowledgement].

[F3(3A)No acknowledgement is required in connection with copying as mentioned in subsection (1), (2) or (2A), or in connection with anything done for the purposes mentioned in subsection (3), where this would be impossible for reasons of practicality or otherwise.]

(4)Subsection (3) does not extend to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work.

(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 for all subsequent purposes.

[F4For this purpose “dealt with” means—

(a)sold or let for hire, offered or exposed for sale or hire; or

(b)communicated to the public, unless that communication, by virtue of subsection (3), is not an infringement of copyright.]

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Amendments (Textual)

F1S. 32(1)-(2B) substituted (31.10.2003) for s. 32(1)(2) by The Copyright and Related Rights Regulations 2003 (S.I 2003/2498), {reg. 11(a)} (with regs. 31-40)

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