same material on separate occasions, but do not extend to cause where the library or
archives, or its employees
(h)
(1)
Is aware or has substantial reason to believe that it is engaging in the related
or concerted reproduction or distribution of multiple copies or phonorecords
of the same material, whether made on one occasion or over a period of time,
and whether intended for aggregate use by the individual members of a
group; or
(2)
Engages in the systematic reproduction or distribution of single or multiple
copies or sound recordings of material describes in sub-section (d) provided
that nothing in this clause prevents a library or archives from participating in
interlibrary arrangements that do not have, as their purpose or effect; that the
library or archives receiving such copies or sound recordings for distribution
does so in such aggregate quantities as to substitute for a subscription to our
purchase of such work.
the rights of reproduction and distribution under this section do not apply to a
musical work, a pictorial, graphic or sculptural work, or a motion picture or other
audiovisual work dealing with news, except that no such limitation shall apply with
respect to rights granted by sub-section (b) and (c), or with respect to pictorial or
graphic works published as illustrations, diagrams, or similar adjuncts to works of
which copies are reproduced or distributed in accordance with sub-section (d) and
(e).
SECTION:
2.10
LIMITATIONS ON EXCLUSIVE RIGHTS: EXEMPTION
OF CERTAIN PERFORMANCES AND DISPLAYS
Notwithstanding, the provision of Section 2.6 the following are not infringement of
copyrights:
(I)
Performance or display of a work by instructors or pupils in the course of face-to
face teaching activities of a non-profit educational institution, in a classroom or
similar place devoted to instruction, unless, in the case of a motion picture or other
audiovisual work, the performance, or the display of individual images, is given by
means of a copy that was not lawfully made under this title, and that the person
responsible for the performers knew or had reason to believe was not lawfully made;
(2)
Performance of a non-dramatic literary or musical work or display of work, by or in
the course of a transmission, if
a)
The performance or display is a regular part of the systematic instructional
activities or a governmental body or a non-profit educational institution; and
b)
The performance or display is directly related and of material assistance to
the teaching content of the transmission, and
c)
The transmission is made primarily for
i)
Reception in classroom or similar places normally devoted to
instruction; or
ii)
Reception by person to whom the transmission is directed because
their disabilities or other special circumstances prevent their
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