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In force2020 Revised Edition
Contents

Part 5 · Permitted Uses of Copyright Works and Protected Performances

191. Relevant matters in deciding whether use is fair

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Subject to sections 192, 193 and 194, all relevant matters must be considered in deciding whether a work or a protected performance (including a recording of the performance) is fairly used, including —

(a)

the purpose and character of the use, including whether the use is of a commercial nature or is for non‑profit educational purposes;

(b)

the nature of the work or performance;

(c)

the amount and substantiality of the portion used in relation to the whole work or performance; and

(d)

the effect of the use upon the potential market for, or value of, the work or performance.

Report

Part 6

Remedies for and Border Enforcement Measures Against Rights Infringements

Part 7

Additional Rights Relating to Copyright Works and Protected Performances

Part 8

Offences

Part 9

Regulation of Collective Management Organisations

Part 10

Copyright Tribunals

Part 11

Miscellaneous

Part 12

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