COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) 25 Educational use of copyright material (1) Subject to this section, the copyright in a work shall not be infringed by the use of the work by way of illustration in any publication, broadcast or record for teaching if— (a) the use is compatible with fair practice; and (b) the extent of the use is justified by the purpose; and (c) sufficient acknowledgement is given. (2) The copyright in a work shall not be infringed by anything done for the purposes of an examination by way of setting questions, communicating the questions to the candidates or answering the questions: Provided that this subsection shall not extend to making a copy of the score of a musical work for use by an examination candidate in performing the work. (3) The inclusion of a short passage from a published literary work in a collection which— (a) is intended for use in educational establishments and is so described in its title and in any advertisement issued by or on behalf of the publisher; and (b) consists mainly of material in which no copyright subsists; shall not infringe the copyright in the work if the work itself is not intended for use in such establishments and its inclusion is accompanied by a sufficient acknowledgement: Provided that not more than two such excerpts from copyright works by the same author shall be included in such collections published by the same publisher in any period of five years. (4) The performance of a dramatic or musical work before an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the establishment’s activities shall not be regarded as a public performance for the purposes of infringement of copyright if the performance is given— (a) by a teacher or pupil in the course of the establishment’s activities; or (b) at the establishment by any person for the purposes of instruction: Provided that a person shall not be regarded as directly connected with the establishment’s activities for the purposes of this subsection simply because he is a parent of a pupil. (5) The playing or showing of an audio-visual work, a sound recording, a broadcast or a cable programme before an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the establishment’s activities shall not be regarded as a public performance of the work for the purposes of infringement of copyright if the work is played or shown for the purposes of instruction: Provided that a person shall not be regarded as directly connected with the establishment’s activities for the purposes of this subsection simply because he is a parent of a pupil. (6) Copyright in a literary or musical work shall not be infringed by an educational establishment which, by reprographic copying, makes copies of passages from the work for the purposes of instruction: Provided that— (i) the extent of such copying shall not exceed such limits as may be prescribed; and Act 11/2001 - 23 Chapter 26:01