- (b) the copied articles deal with different subject matters.
(3) To avoid doubt, this section does not limit what would otherwise be a fair use.
Division 3—Education and educational institutions
Interpretation: when is a copy or recording made or used for the educational purposes of an educational institution
195.—(1) For the purposes of this Division, a copy of a work or a recording of a protected performance is taken to be made or used for the educational purposes of an educational institution if—
- (a) the copy or recording is made for use, or is used, in connection with a course of education provided by the institution; or
- (b) the copy or recording is made for inclusion, or is included, in the collection of a library of the institution.
(2) Subsection (1) does not limit the meaning of “educational purposes” in this Act.
Copying authorial work by non-reprographic means for course of education
196.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of an authorial work.
(2) The conditions are—
- (a) the copy is made for the purposes of a course of education;
- (b) the copy is made by a person conducting or undergoing the course; and
- (c) the copy is not made by a reprographic process.
(3) In this section, “reprographic process”—
- (a) means a process—
- (i) for making facsimile copies (whether of the same scale or not); or