35. Fair dealing in relation to works
Feedback & supportLast amended by an amending law of 2004.
Subject to this section, a fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for any purpose other than a purpose referred to in section 36 or 37 shall not constitute an infringement of the copyright in the work.
artistic work
“artistic work” means —(a)a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not;(b)a building or model of a building, whether the building or model is of artistic quality or not; or(c)a work of artistic craftsmanship to which neither paragraph (a) nor (b) applies,but does not include a layout-design or an integrated circuit within the meaning of section 2(1) of the Layout-Designs of Integrated Circuits Act;
The purposes for which a dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, may constitute a fair dealing under subsection (1) shall include research and study.
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 any purpose other than a purpose referred to in section 36 or 37 shall include —
the purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;
the nature of the work or adaptation;
the amount and substantiality of the part copied taken in relation to the whole work or adaptation;
the effect of the dealing upon the potential market for, or value of, the work or adaptation; and
the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price.
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 —
if the work or adaptation comprises an article in a periodical publication, of the whole or a part of that work or adaptation; or
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.
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.