États-Unis d'Amérique
Droit d'auteur et droits connexes
9. Please explain the meaning and application of the phrase “available under a licensing scheme” in Section 45(5), 48(2), 88(3) and 91(4).
Sections 45, 48, 88 and 91 of the Copyright Act 1994 allow copying in some particular circumstances. However, if a licensing scheme for copyright owners is in operation such copying can only be undertaken in terms of the license. For example, schools are permitted to copy broadcasts under Section 48(1). Once a licensing scheme is established they will no longer be able to do so under Section 48(2) unless they comply with the requirements of the license. A licensing scheme is defined in the Act (Section 2), as a scheme which sets out: "(a)the classes of cases in which the operator of the scheme, or the person on whose behalf the operator acts, is willing to grant copyright licences; and (b)the terms on which copyright licences would be granted in those classes of cases ..."