Singapore legislation
Section 35
Section 35
Fair dealing in relation to works
(1)
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.
(1A)
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.
(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 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.
(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 —
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.
(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.