being second-hand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
(6) Subsection (1) shall not apply to copies of the whole or a part of an article contained in a periodical publication, being copies made, by or on behalf of the body administering an educational institution, for the teaching purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the making of those copies, a record of the copying setting out such particulars as may be prescribed by the regulations.
(7) Subsection (2) shall not apply to copies of the whole or a part of a work (not being an article contained in a periodical publication), being copies made, by or on behalf of the body administering an educational institution, for the teaching purposes of an educational institution, unless there is made, by or on behalf of that body, as soon as practicable after the making of those copies, a record of the copying setting out such particulars as may be prescribed by the regulations.
(8) For the purposes of subsections (6) and (7) a record of the copying of a work or a part of a work—
- (a) shall be kept in writing or in any other manner prescribed by the regulations; and
- (b) if it is kept in writing, shall be in accordance with the prescribed form.
(9) Where copies of, or of part of, a work, other than an article in a periodical publication, made as provided in subsection (2) by or on behalf of an educational institution for the teaching purposes of an educational institution—
- (a) are made for distribution to persons undertaking a correspondence course, or an external study course, provided by the educational institution for the teaching purposes of which those copies are made, otherwise than as a part of the lecture notes prepared in connection with that course; and
- (b) do not contain more than a reasonable portion of the work,
