Page:Copyright Act 2021.pdf/123

124 :(c) in the case of any other material that has been separately published—
 * (i) not more than a reasonable portion of the material is copied or communicated; or
 * (ii) before the material is copied or communicated, X (or a person acting on behalf of X)—
 * (A) makes a reasonable investigation; and
 * (B) is satisfied that there is no new copy of the material that could be obtained within a reasonable time at an ordinary commercial price;
 * (d) in the case of subsection (1)(a)—the copy is notated according to section 301; and
 * (e) as soon as practicable after the copy or communication is made, the prescribed record is made by or on behalf of X.

(3) The record mentioned in subsection (2)(e) may, if the copy or communication is exempt, state so.

(4) X must pay equitable remuneration to the rights owner if—
 * (a) the owner makes a written request within the prescribed time after the copy or communication is made; and
 * (b) the copy or communication is—
 * (i) not exempt; or
 * (ii) not stated as exempt in the record made under subsection (2)(e).

(5) The amount of equitable remuneration is to be—
 * (a) agreed between X and the rights owner; or
 * (b) in default of agreement, decided by a Copyright Tribunal.

(6) For the purposes of this section—
 * (a) without limiting section 195, a copy or communication is taken to be made for the educational purposes of any educational institution if it is made in an electronic form on