Copyright (Visually Impaired Persons) Act 2002

4 Licensing schemesE+W+S+N.I.

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

31D Licensing 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.