Copyright Act 2021 · 2020 Revised Edition · Part 5 · Permitted Uses of Copyright Works and Protected Performances
191. Relevant matters in deciding whether use is fair
Feedback & supportSubject 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 —
the purpose and character of the use, including whether the use is of a commercial nature or is for non‑profit educational purposes;
non‑profit
“non‑profit” means not operated or conducted, directly or indirectly, for profit;
the nature of the work or performance;
performance
“perform” and “performance”, in relation to an authorial work, have the meanings given by section 67;
the amount and substantiality of the portion used in relation to the whole work or performance; and
the effect of the use upon the potential market for, or value of, the work or performance.