200Use of works and broadcasts for educational purposes

200  Use of works and broadcasts for educational purposes  (1) A teacher or student does not infringe copyright in a work by copying the whole or a part of the work if:  (a) the copying occurs in the course of educational instruction; and  (b) the copying is not done using:  (i) a device adapted for the production of multiple copies; or  (ii) a device capable of producing a copy or copies by a process of reprographic reproduction.  (1A) Copying or communicating the whole or a part of copyright material does not infringe copyright in the material, if the material is copied or communicated:  (a) as part of the questions to be answered in an examination; or  (b) in an answer to such a question.  (1B) In subsections (1) and (1A):  (a) a reference to copying a work or copyright material includes a reference to making or copying an adaptation of the work or material; and  (b) a reference to communicating copyright material includes a reference to communicating an adaptation of the material.  (2) The making of a record of a sound broadcast, being a broadcast that was intended to be used for educational purposes, does not constitute an infringement of copyright in a work or sound recording included in the broadcast if:  (a) the record is made by, or on behalf of, the person or authority in charge of a place of education that is not conducted for profit; and  (b) the record is not used except in the course of instruction at that place.  (2A) The making of a record of a sound broadcast is not an infringement of copyright in the broadcast if the record is made by, or on behalf of, the body administering an educational institution and is not used except for the educational purposes of that institution or another educational institution.  (3) For the purposes of sections 38 and 103, in determining whether the making of an article constituted an infringement of copyright, subsections (1), (1A), (2) and (2A) shall be disregarded.  (4) For the purposes of any provision of this Act relating to imported articles, in determining whether the making of an article made outside Australia would, if the article had been made in Australia by the importer of the article, have constituted an infringement of copyright, subsections (1), (1A), (2) and (2A) shall be disregarded. 200AAA  Proxy web caching by educational institutions  (a) a computer system is operated by or on behalf of a body administering an educational institution; and  (b) the system is operated primarily to enable staff and students of the institution to use the system to gain online access for educational purposes to works and other subject‑matter (whether they are made available online using the internet or merely the system); and  (c) the system automatically makes:  (i) temporary electronic reproductions of works made available online through the system to users of the system in response to action by the users; and  (ii) temporary electronic copies of other subject‑matter made available online through the system to users of the system in response to action by the users; and  (d) those reproductions and copies are made by the system merely to facilitate efficient later access to the works and other subject‑matter by users of the system.  (2) Copyright in a work or other subject‑matter reproduced or copied by the system as described in paragraphs (1)(c) and (d) is not infringed by:  (a) that reproduction or copying; or  (b) the later communication of the work or other subject‑matter, using that reproduction or copy, to a user of the system.  (3) This section does not limit section 28, 43A, 43B, 111A or 111B.  (4) Disregard this section in determining whether copyright in a work or other subject‑matter is infringed by an act that:  (a) involves a system like one described in subsection (1) except that the system is not operated as described in paragraphs (1)(a) and (b); and  (b) corresponds to an act described in paragraph (2)(a) or (b). system includes network. 200AB  Use of works and other subject‑matter for certain purposes  (1) The copyright in a work or other subject‑matter is not infringed by a use of the work or other subject‑matter if all the following conditions exist:  (a) the circumstances of the use (including those described in paragraphs (b), (c) and (d)) amount to a special case;  (b) the use is covered by subsection (2) or (3);  (c) the use does not conflict with a normal exploitation of the work or other subject‑matter;  (d) the use does not unreasonably prejudice the legitimate interests of the owner of the copyright. Use by body administering library or archives  (2) This subsection covers a use that:  (a) is made by or on behalf of the body administering a library or archives; and  (b) is made for the purpose of maintaining or operating the library or archives (including operating the library or archives to provide services of a kind usually provided by a library or archives); and  (c) is not made partly for the purpose of the body obtaining a commercial advantage or profit. Use by body administering educational institution  (3) This subsection covers a use that:  (a) is made by or on behalf of a body administering an educational institution; and  (b) is made for the purpose of giving educational instruction; and  (c) is not made partly for the purpose of the body obtaining a commercial advantage or profit. This section does not apply if under another provision the use does not, or might not, infringe copyright  (6) Subsection (1) does not apply if, because of another provision of this Act:  (a) the use is not an infringement of copyright; or  (b) the use would not be an infringement of copyright assuming the conditions or requirements of that other provision were met. Example: Paragraph (a)—Without using a device adapted for producing multiple copies or a device that can produce copies by reprographic reproduction, a school teacher copies a literary work in the course of educational instruction. Under subsection 200(1), the copying is not an infringement of copyright in the work, so this section does not apply.  (6AA) In working out, for the purposes of subsection 113Q(2) (about the meaning of licensed copying or communication), whether copying or communicating does not infringe copyright only because of section 113P, disregard this section. Cost recovery not commercial advantage or profit  (6A) The use does not fail to meet the condition in paragraph (2)(c) or (3)(c) merely because of the charging of a fee that:  (a) is connected with the use; and  (b) does not exceed the costs of the use to the charger of the fee. Definitions conflict with a normal exploitation has the same meaning as in Article 13 of the TRIPS Agreement. special case has the same meaning as in Article 13 of the TRIPS Agreement. unreasonably prejudice the legitimate interests has the same meaning as in Article 13 of the TRIPS Agreement. use includes any act that would infringe copyright apart from this section.