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May I please trespass on the combined erudition of this board to ask their opinion on a work-related issue in unravelling some tangled syntax? The following passage is from the Australian Copyright Act,describing what is a "reasonable portion" for the purposes of the fair dealing (USn = fair use) defence to copyright infringement.
<<<<Without limiting the meaning of the expression reasonable portion in this Act, where a literary, dramatic or musical work (other than a computer program) is contained in a published edition of that work, being an edition of not less than 10 pages, a copy of part of that work, as it appears in that edition, shall be taken to contain only a reasonable portion of that work if the pages that are copied in the edition:
(a)do not exceed, in the aggregate, 10% of the number of pages in that edition; or
(b)in a case where the work is divided into chapters exceed, in the aggregate, 10% of the number of pages in that edition but contain only the whole or part of a single chapter of the work.>>>
First point is - if the book is divided into chapters must you go under (b) and are you precluded from using (a)?
Next: Does it mean, for a 100 page book, that you can copy
(a) an 8 page chapter OR indeed a 15 page chapter;or
(b) you can copy an 8 page chapter plus 1 or 2 more pages from the book (10 pages in all) but no more, or
(c) you can copy an 8 page chapter but not any more, and you cannot copy a single 15 page chapter?
There are no case authorities on point.
jj
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Carpal Tunnel
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What I think it means, johnjohn, is that if you have a book of 100 pages which is divided into chapters, if the pages you copy are from different chapters the limit is 10% of the whole book, i.e., 10 pages, but if the pages you copy are from just one chapter there is no limit on the number of pages you copy.
In other words, if you copy from different chapters you come under (a) and the limit is 10%, the same as it would be for a book which wasn't divided into chapters. But if you copy from just one chapter you come under (b) and can go over the 10% limit.
Bingley
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Note: RP; Reasonable Portion
My two cents:
Both clauses a and b specify the 10 percent rule. Clearly, 10 percent is a criterion, irrespective of whether the book contains chapters or not.
We shall also assume that the pages can be picked either in a serial or random fashion.
Scenario 1: If it is a 100 page book with no chapters at all(!).
RP: is simply 10% of the book - 10 pages, either in serial order or randomly.
Scenario 2: It is a 100 page book with chapters and all chapters are 10 pages each.
RP: is 10%, i.e., 10 random pages OR 1 chapter of 10 pages
Scenario 3: It is a 100 page book with three different size chapters - a)below 10, b)10, c)above 10
RP for, (in all cases conforming to the 10% quota, is only 10 pages):
3a: 1 chapter + [(10 - chapter size) pages]
3b: 1 chapter OR part of 1 chapter + [(10-chapter size) pages]
3c: 10 pages only of 1 chapter or 10 random pages from the book.
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Pooh-Bah
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It's certainly badly worded and could be taken either way. However, it seems to be
(a) 10% of the work in aggregate where the work is not divided into chapters, presumably a random 10% would be fine.
(b) Where the work is divided into chapters, copies can only be taken from one chapter to a total of no more than 10% of the complete work.
- Pfranz
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After reading all my learned colleagues' opinions I can only offer this Fool's thoughts.
It's simple. 100 page book, you can't use more than 10 pages. If the book is divided into chapters those 10 pages cannot come from more than one chapter.
But it could use a that here:
in a case where the work is divided into chapters that exceed, in the aggregate, 10% of the number of pages in that edition…
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Carpal Tunnel
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No, Faldage. If you put "that" in, you change the meaning.
... a copy of part of that work, as it appears in that edition, shall be taken to contain only a reasonable portion of that work if the pages that are copied in the edition:
(a)do not exceed, in the aggregate, 10% of the number of pages in that edition; or
(b)in a case where the work is divided into chapters exceed, in the aggregate, 10% of the number of pages in that edition but contain only the whole or part of a single chapter of the work
The subject of "exceed" in (b) is "pages" in the lead-in; if we follow your suggestion the subject of "contain" would also be "that" with "chapters" as its antecedent.
Bingley
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... a copy of part of that work, as it appears in that edition, shall be taken to contain only a reasonable portion of that work if the pages that are copied in the edition…exceed, in the aggregate, 10% of the number of pages in that edition but contain only the whole or part of a single chapter of the work
That makes it sound like they could copy the whole of the larger of two chapters of a two chapter book, even if that chapter were 90% of the book.
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old hand
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That makes it sound like they could copy the whole of the larger of two chapters of a two chapter book, even if that chapter were 90% of the book.
I do believe that's what it does mean. If you're photocopying a whole chapter, and only one, you're in the clear, no matter how long it is.
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We're all agreed on the meaning of (a), ie for an "unchaptered" edition its a straight 10%. If it's a chaptered, 100 page edition, query whether it's (1)10 pages or 1 chapter, whichever is the lesser (Faldage, Capfka) or (2)10 pages or 1 chapter, whichever is the greater (Bingley, Bean)or (3) 10 pages of 1 chapter; or 1 chapter (being less than 10 pages) + odd pages to take it up to 10 pages in total (maahey). I've got to say (1) is odd because you're penalised simply on account of the book being chaptered rather than unchaptered. (3) is unlikely because surely then there's no difference between (a) and (b) in the provision. I think that (2) does seem to be the most likely... Thanks for all your inputs.... Send me your invoices, 
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Send me your invoices,Hey JJ!, can I send you one even if I was wrong!? Bingley and Bean are reading the 'letter' of the law and read that way, choice 2 is exactly what is specified in the words. The question is, who is the law written for? If written to protect the interests of the author, then choice 1 is it. If written to help disseminate information, choice 2 is it. If it is trying to be equitable and aid both parties, then choice 3 should be it. It seems unfair that the simple matter of a chaptered book should benefit either party to the obvious disadvantage of the other. This way, the ten percent rule could be maintained, even for a chaptered book, could it not? Legally speaking, would Choice 3 be right in the spirit of the law?
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