If one staff member sends another staff member a document (article or chapter of a book) as an email attachment, is this a communication within the meaning of the Act?
The answer to this question depends on the circumstances. The communication right applies to communications “to the public”. There is no definition of “public” in the Act. A staff member who sends a work as an email attachment to a group of students has clearly exercised the communication right by “electronically transmitting” the work “to the public.” However, private communications from one person to another are not intended to be caught by this right. (Note however, that if something has to first be copied in order to be communicated, there may, in the absence of a defence such as fair dealing, be an infringement arising from this reproduction.) Until the courts offer further guidance on this question, some uncertainty will remain about the extent to which the electronic transmission of works between academics is likely to amount to a communication within the meaning of the Act. Return to top 1.4 Copying and communication limits – how do they apply? The limits applying to how much o
Related Questions
- If one staff member sends another staff member a document (article or chapter of a book) as an email attachment, is this a communication within the meaning of the Act?
- As a member of staff, can I make multiple copies of an electronic journal article or e-book chapter?
- Can I use a scanner to make an electronic copy of an article or chapter in a book?
