Singapore legislation

Clause 35

Fair dealing for purpose of research or study

(1)

A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or study shall not constitute an infringement of the copyright in the work.

(2)

For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of copying the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for the purpose of research or study shall include —

(a)

the purpose and character of the dealing;

(b)

the nature of the work or adaptation;

(c)

the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price;

(d)

the effect of the dealing upon the potential market for, or value of, the work or adaptation; and

(e)

in a case where part only of the work or adaptation is copied — the amount and substantiality of the part copied taken in relation to the whole work or adaptation.

(3)

Notwithstanding subsection (2), a dealing with a literary, dramatic or musical work, or with an adaptation of such a work, being a dealing by way of the copying, for the purposes of research or study —

(a)

if the work or adaptation comprises an article in a periodical publication, of the whole or a part of that work or adaptation; or

(b)

in any other case, of not more than a reasonable portion of the work or adaptation,shall be taken to be a fair dealing with that work or adaptation for the purpose of research or study.

(4)

Subsection (3) shall not apply to a dealing by way of the copying of the whole or a part of an article in a periodical publication if another article in that publication, being an article dealing with a different subject-matter, is also copied.