The Minister responsible for intellectual property, in exercise of the powers conferred by section 5 of the Copyright and Designs Act 2004, makes the following Order:

Citation

1.-This Order may be cited as the Copyright (Educational Establishments) Order 2014.

Interpretation

2.- In this Order :

“GED Tests” means the General Educational Development Tests administered by the American Council on Education;

“overseas university or college” means an overseas university or college that is accredited as a university or college in the jurisdiction in which it is established and has the power to award degrees, diplomas, certificates or other academic distinctions, and a reference to its courses means to courses for the degrees, diplomas, certificates or other academic distinctions it awards;

“post-senior education” means education after senior school education within the meaning of the Education Act 1996;

“school” means a school within the meaning of the Education Act 1996.

Specification of educational establishments for Part I

3.-The following descriptions of educational establishments are specified for the purposes of Part I of the Copyright and Designs Act 2004 :

(a) a university or college established by an Act with the power to award degrees, diplomas, certificates or other academic distinctions and, for the avoidance of doubt, such university or college is an educational establishment also in respect of courses provided by or at the university or college that are not courses of the university or college;

(b) an overseas university or college operating in Bermuda;

(c) a Bermuda professional body, for the purpose of providing post-senior education courses for professional certification or qualification by that body or by an overseas professional body;

(d) a Bermuda vocational body, for the purpose of providing courses for vocational certification or qualification by that body or by an overseas vocational body;

(e) any institution in Bermuda, for the purpose of providing a course described below :

(i) a course of a university or college referred to in sub-subparagraph (a);

(ii) a course of an overseas university or college;

(iii) a post-senior education course for professional certification or qualification by a Bermuda professional body or by an overseas professional body;

(iv) a course for vocational certification or qualification by a Bermuda vocational body or by an overseas vocational body;

(v) a course for the training of teachers;

(vi) a course for the GED Tests;

(vii) an academic course for persons who have attained the age of 19 years;

(f) a tutorial site within the meaning of the Education Act 1996;

(g) any institution in Bermuda, for the purpose of providing a school course or assisting a school in providing a school course;

(h) the Government of Bermuda, for the purpose of providing any course that an educational establishment described in sub-subparagraphs (a) to (g) may provide.

Made this 31st day of January 2014

Minister of Home Affairs