PART 2Amendments to the 1988 Act
Making and supply of accessible copies by authorised bodies13
1
Paragraph 3B (making and supply of accessible copies by authorised bodies)M1 is amended as follows.
2
In the paragraph heading for “and supply” substitute “
communicating, making available, distributing or lending
”
.
3
For sub-paragraph (1) substitute—
1
If—
a
an authorised body has lawful access to the whole or part of a work which has been published or otherwise made available, and
b
the body complies with sub-paragraph (1A),
the body may, without infringing the rights conferred by this Chapter, make, communicate, make available, distribute or lend accessible copies of the work on a non-profit basis for the personal use of disabled persons in the United Kingdom or another member State of the European Union.
1A
An authorised body complies with this sub-paragraph if it—
a
distributes, communicates, makes available or lends accessible copies only to disabled persons or other authorised bodies,
b
takes appropriate steps to discourage the unauthorised reproduction, distribution, communication to the public or making available to the public of accessible copies,
c
demonstrates due care in, and maintains records of, its handling of works and accessible copies, and
d
publishes and updates, on its website if appropriate, or through other online or offline channels, information on how it complies with the obligations in paragraphs (a), (b) and (c).
4
Omit sub-paragraphs (2) and (3).
5
In sub-paragraph (4)—
a
for “sub-paragraphs (1) and (2)” substitute “
sub-paragraph (1)
”
;
b
for “supply” substitute “
communicate, make available, distribute or lend
”
;
c
for “includes supply” substitute “
includes to communicate, make available, distribute or lend
”
.
6
Omit sub-paragraphs (5) to (7).
7
In sub-paragraph (8)—
a
for “supply” substitute “
communicate, make available, distribute or lend
”
;
b
after “another authorised body” insert “
established in the United Kingdom or in another member State of the European Union
”
.
8
Omit sub-paragraph (9).
9
After sub-paragraph (10), insert—
11
In this paragraph “dealt with” means sold or let for hire or offered or exposed for sale or hire.