(a) in the case of a librarian, or a person acting on behalf of a librarian, he does anything which regulations under section 40 would not permit to be done under section 38 or 39 (articles or parts of published works: restriction on multiple copies of same material), or

 (b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.

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

 (b) is not by means of a reprographic process.

For this purpose "dealt with" means sold or let for hire or offered or exposed for sale or hire.

 (a) is intended for use in educational establishments and is so described in its title, and in any advertisements issued by or on behalf of the publisher, and

 (b) consists mainly of material in which no copyright subsists,

 (a) shall be taken to include excerpts from works by him in collaboration with another, and

 (b) if the passage in question is from such a work, shall be taken to include excerpts from works by any of the authors, whether alone or in collaboration with another.

 (a) by a teacher or pupil in the course of the activities of the establishment, or

 (b) at the establishment by any person for the purposes of instruction,

For this purpose "dealt with" means sold or let for hire or offered or exposed for sale or hire.

For this purpose "dealt with" means sold or let for hire or offered or exposed for sale or hire.

 (a) references in any provision to a prescribed library or archive are to a library or archive of a description prescribed for the purposes of that provision by regulations made by the Secretary of State; and

 (b) references in any provision to the prescribed conditions are to the conditions so prescribed.

 (a) he may rely on a signed declaration as to that matter by the person requesting the copy, unless he is aware that it is false in a material particular, and

 (b) in such cases as may be prescribed, he shall not make or supply a copy in the absence of a signed declaration in such form as may be prescribed.

 (a) he is liable for infringement of copyright as if he had made the copy himself, and

 (b) the copy shall be treated as an infringing copy.

 (a) that copies are supplied only to persons satisfying the librarian that they require them for purposes of research or private study, and will not use them for any other purpose;

 (b) that no person is furnished with more than one copy of the same article or with copies of more than one article contained in the same issue of a periodical; and

 (c) that persons to whom copies are supplied are required to pay for them a sum not less than the cost (including a contribution to the general expenses of the library) attributable to their production.

 (a) that copies are supplied only to persons satisfying the librarian that they require them for purposes of research or private study, and will not use them for any other purpose;

 (b) that no person is furnished with more than one copy of the same material or with a copy of more than a reasonable proportion of any work; and

 (c) that persons to whom copies are supplied are required to pay for them a sum not less than the cost (including a contribution to the general expenses of the library) attributable to their production.

 (a) that requirements shall be regarded as similar if the requirements are for copies of substantially the same material at substantially the same time and for substantially the same purpose; and

 (b) that requirements of persons shall be regarded as related if those persons receive instruction to which the material is relevant at the same time and place.

 (a) an article in a periodical, or

 (b) the whole or part of a published edition of a literary, dramatic or musical work,

 (a) in order to preserve or replace that item by placing the copy in its permanent collection in addition to or in place of it, or

 (b) in order to replace in the permanent collection of another prescribed library or archive an item which has been lost, destroyed or damaged,

 (a) the work had been published before the document was deposited in the library or archive, or

 (b) the copyright owner has prohibited copying of the work,

 (a) that copies are supplied only to persons satisfying the librarian or archivist that they require them for purposes of research or private study and will not use them for any other purpose;

 (b) that no person is furnished with more than one copy of the same material; and

 (c) that persons to whom copies are supplied are required to pay for them a sum not less than the cost (including a contribution to the general expenses of the library or archive) attributable to their production.

"Royal Commission" includes a Commission appointed for Northern Ireland by the Secretary of State in pursuance of the prerogative powers of Her Majesty delegated to him under section 7(2) of the [1973 c. 36.] Northern Ireland Constitution Act 1973; and

"statutory inquiry" means an inquiry held or investigation conducted in pursuance of a duty imposed or power conferred by or under an enactment.

 (a) to material made open to public inspection by—
 (i) an international organisation specified in the order, or
 (ii) a person so specified who has functions in the United Kingdom under an international agreement to which the United Kingdom is party, or

 (b) to a register maintained by an international organisation specified in the order,

"appropriate person" means the person required to make the material open to public inspection or, as the case may be, the person maintaining the register;

"statutory register" means a register maintained in pursuance of a statutory requirement; and

"statutory requirement" means a requirement imposed by provision made by or under an enactment.

"design" means the design of any aspect of the shape or configuration (whether internal or external) of the whole or part of an article, other than surface decoration; and

"design document" means any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise.

 (a) making by an industrial process articles falling to be treated for the purposes of this Part as copies of the work, and

 (b) marketing such articles, in the United Kingdom or elsewhere.

 (a) as to the circumstances in which an article, or any description of article, is to be regarded for the purposes of this section as made by an industrial process;

 (b) excluding from the operation of this section such articles of a primarily literary or artistic character as he thinks fit.

 (a) references to articles do not include films; and

 (b) references to the marketing of an article are to its being sold or let for hire or offered or exposed for sale or hire.

 (a) in pursuance of an assignment or licence made or granted by a person registered under the [1949 c. 88.] Registered Designs Act 1949 as the proprietor of a corresponding design, and

 (b) in good faith in reliance on the registration and without notice of any proceedings for the cancellation of the registration or for rectifying the relevant entry in the register of designs;

 (a) to use the typeface in the ordinary course of typing, composing text, typesetting or printing,

 (b) to possess an article for the purpose of such use, or

 (c) to do anything in relation to material produced by such use;

section 24 (secondary infringement: making, importing, possessing or dealing with article for making infringing copy),

sections 99 and 100 (order for delivery up and right of seizure),

section 107(2) (offence of making or possessing such an article), and

section 108 (order for delivery up in criminal proceedings).

 (a) prohibiting the transfer of the copy by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer, or

 (b) providing for the terms on which a transferee may do the things which the purchaser was permitted to do,

 (a) it is not possible by reasonable inquiry to ascertain the identity of the author, and

 (b) it is reasonable to assume—
 (i) that copyright has expired, or
 (ii) that the author died 50 years or more before the beginning of the calendar year in which the act is done or the arrangements are made.

 (a) a work in which Crown copyright subsists, or

 (b) a work in which copyright originally vested in an international organisation by virtue of section 168 and in respect of which an Order under that section specifies a copyright period longer than 50 years.

 (a) the reference in subsection (1) to its being possible to ascertain the identity of the author shall be construed as a reference to its being possible to ascertain the identity of any of the authors, and

 (b) the reference in subsection (1)(b)(ii) to the author having died shall be construed as a reference to all the authors having died.

 (a) of reporting current events, or

 (b) of broadcasting or including in a cable programme service the whole or part of the work,

 (a) the record is a direct record of the spoken words and is not taken from a previous record or from a broadcast or cable programme;

 (b) the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe copyright;

 (c) the use made of the record or material taken from it is not of a kind prohibited by or on behalf of the speaker or copyright owner before the record was made; and

 (d) the use is by or with the authority of a person who is lawfully in possession of the record.

 (a) the words are unpublished and of unknown authorship at the time the recording is made,

 (b) the making of the recording does not infringe any other copyright, and

 (c) its making is not prohibited by any performer.

 (a) that copies are only supplied to persons satisfying the archivist that they require them for purposes of research or private study and will not use them for any other purpose, and

 (b) that no person is furnished with more than one copy of the same recording.

 (a) "designated" means designated for the purposes of this section by order of the Secretary of State, who shall not designate a body unless satisfied that it is not established or conducted for profit,

 (b) "prescribed" means prescribed for the purposes of this section by order of the Secretary of State, and

 (c) references to the archivist include a person acting on his behalf.

 (a) buildings, and

 (b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.

 (a) making a graphic work representing it,

 (b) making a photograph or film of it, or

 (c) broadcasting or including in a cable programme service a visual image of it.

For this purpose "dealt with" means sold or let for hire, offered or exposed for sale or hire, exhibited in public or distributed.

 (a) in the building, or

 (b) in any drawings or plans in accordance with which the building was, by or with the licence of the copyright owner, constructed.

 (a) that the organisation is not established or conducted for profit and its main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare, and

 (b) that the proceeds of any charge for admission to the place where the recording is to be heard are applied solely for the purposes of the organisation.

 (a) a literary, dramatic or musical work, or an adaptation of such a work,

 (b) an artistic work, or

 (c) a sound recording or film.

 (a) in the case of a literary, dramatic or musical work, or an adaptation of such a work, to make a sound recording or film of the work or adaptation;

 (b) in the case of an artistic work, to take a photograph or make a film of the work;

 (c) in the case of a sound recording or film, to make a copy of it.

 (a) shall not be used for any other purpose, and

 (b) shall be destroyed within 28 days of being first used for broadcasting the work or, as the case may be, including it in a cable programme service.

 (a) for the purposes of any use in breach of the condition mentioned in subsection (3)(a), and

 (b) for all purposes after that condition or the condition mentioned in subsection (3)(b) is broken.

 (a) the making or use of recordings by the Independent Broadcasting Authority for the purposes mentioned in section 4(7) of the [1981 c. 68.] Broadcasting Act 1981 (maintenance of supervision and control over programmes and advertisements); or

 (b) anything done under or in pursuance of provision included in a contract between a programme contractor and the Authority in accordance with section 21 of that Act.

 (a) the making by or with the authority of the Cable Authority, or the use by that Authority, for the purpose of maintaining supervision and control over programmes included in services licensed under Part I of the [1984 c. 46.] Cable and Broadcasting Act 1984, of recordings of those programmes; or

 (b) anything done under or in pursuance of—
 (i) a notice or direction given under section 16 of the Cable and Broadcasting Act 1984 (power of Cable Authority to require production of recordings); or
 (ii) a condition included in a licence by virtue of section 35 of that Act (duty of Authority to secure that recordings are available for certain purposes).

 (a) the broadcast or cable programme, or

 (b) any sound recording or film included in it.

 (a) if they have paid for admission to a place of which that place forms part; or

 (b) if goods or services are supplied at that place (or a place of which it forms part)—
 (i) at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast or programme, or
 (ii) at prices exceeding those usually charged there and which are partly attributable to those facilities.

 (a) persons admitted as residents or inmates of the place;

 (b) persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts or programmes is only incidental to the main purposes of the club or society.

 (a) if the inclusion is in pursuance of a requirement imposed under section 13(1) of the [1984 c. 46.] Cable and Broadcasting Act 1984 (duty of Cable Authority to secure inclusion in cable service of certain programmes), or

 (b) if and to the extent that the broadcast is made for reception in the area in which the cable programme service is provided and is not a satellite transmission or an encrypted transmission.

 (a) if the inclusion is in pursuance of a requirement imposed under section 13(1) of the Cable and Broadcasting Act 1984 (duty of Cable Authority to secure inclusion in cable service of certain programmes), or

 (b) if and to the extent that the broadcast is made for reception in the area in which the cable programme service is provided;