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Copyright (Visually Impaired Persons) Act 2002

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4Licensing schemes

In the Copyright, Designs and Patents Act 1988 (c. 48), after section 31C insert—

31DLicensing schemes

(1)Section 31B does not apply to the making of an accessible copy in a particular form if—

(a)a licensing scheme operated by a licensing body is in force under which licences may be granted by the licensing body permitting the making and supply of copies of the copyright work in that form;

(b)the scheme is not unreasonably restrictive; and

(c)the scheme and any modification made to it have been notified to the Secretary of State by the licensing body.

(2)A scheme is unreasonably restrictive if it includes a term or condition which—

(a)purports to prevent or limit the steps that may be taken under section 31B or 31C; or

(b)has that effect.

(3)But subsection (2) does not apply if—

(a)the copyright work is no longer published by or with the authority of the copyright owner; and

(b)there are reasonable grounds for preventing or restricting the making of accessible copies of the work.

(4)If section 31B or 31C is displaced by a licensing scheme, sections 119 to 122 apply in relation to the scheme as if it were one to which those sections applied as a result of section 117.

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