Answered By: Ming Guang Han
Last Updated: Jun 11, 2015     Views: 1016

Section 52 of the Copyright Act (Chapter 63) allows an education institution to make multiple copies or communications of an article in a periodical, or of a work other than an article in a periodical, provided the following conditions are met:              

(1)     The copying or communication must be done by or on behalf of the administration of the educational institution.

(2)     The copying or communication is for the educational purposes of that or another educational institution.

(3)     (a) For an article in a periodical, only 1 article can be copied or communicated. 2 or more articles in the same periodical can be copied or communicated only if they relate to the same subject matter.

         (b) For a work other than an article in a periodical, the whole of work can be copied but only if the person making the copy by or on behalf of the educational institution is satisfied, after reasonable investigation, that new copies of the work cannot be obtained within a reasonable time at an ordinary commercial price (e.g. a title is out-of print). Otherwise, only a reasonable portion of the work can be copied.

“Reasonable portion” is defined in Section 7(2) as:  
(i)    10% of the total number of pages or 1 chapter, whichever is more, of a published edition of a work; or
(ii)    10% of the total number of bytes, words or contents or 1 chapter, whichever is more, in an electronic work not divided by pages.

(4)     A record of the copying or communication is made and kept for a stipulated period of years after the copying or communication is made.  

  • The copyright owner has the right to seek payment of equitable remuneration for the portion copied or communicated. The stipulated record of the copying or communication would assist both parties to decide on an equitable remuneration commensurate with the copying or communication made.
  • Therefore faculty requiring copies of a copyrighted work or an article in a periodical to be uploaded to IVLE are required to complete the prescribed Section 52 form before the request would be complied with.
    [S52 forms must be completed online at the Copyright Declaration System]

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