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General exemptions from copyright infringement

If you think about it, many times every day you will be involved in activities which amount to unauthorised reproductions of various kinds of works. On the principles we have discussed so far, these would be unlawful because they constitute copyright infringement. Here are a few examples:

It would make life unnecessarily difficult if we all try to be law-abiding citizens, but we have to get permission, all the time, to do these sorts of things. The law-maker, Parliament, recognizes that there are situations which can arise, where the copyright owner should not be allowed to enforce his rights. So, there are exceptions from the protection given (by the Act) to copyright owners.

There are specific exemptions from infringement which we deal with next. For now, we deal with the main general exemptions.

Exception for research, private study, personal or private use

This exemption applies to reproductions made for purposes of research, private study, or personal or private use of the following works:

Your use must be ‘fair dealing’. This means that your use, for one of the stated purposes, must be fair in comparison to the interests of the owner of the copyright. Making a backup copy is fair — making 250 copies to sell is not fair.

Read sections 12(1)(a), 15(4), 18 and 19A of the Copyright Act.

Exception for criticism or review

This exemption from infringement applies to reproductions made for purposes of criticism or review of the following works:

The fair dealing principle also applies here.

Read sections 12(1)(b), 15(4), 16, 17, 18, 19A and 19B of the Copyright Act.

Exception for reporting on current events

The exception from infringement applies to reproductions made of the following works whilst reporting on current events:

The fair dealing principle also applies here.

Where you are reporting current events in the print media (e.g. newspapers, magazines, periodicals) you must mention the source, as well as the name of the author — if it appears on the work to which you are referring in your report.

Read sections 12(1)(b), 15(4), 16, 17, 18, 19A and 19B of the Copyright Act.

Exception for judicial proceedings

Using any of the following works for judicial proceedings, or reproducing it in a report on judicial proceedings is not an infringement:

Read sections 12(2), 15(4), 16, 17, 18, 19A and 19B of the Copyright Act.

Exception for quotations

Quotations from the following works are exempted from infringement provided the quotation does not exceed the extent justified by the purpose:

A quote is precisely that. You cannot reproduce the whole chapter of someone else’s book and try to escape copyright by putting it in quotation marks. This is not fair practice.

You must mention the source and the name of the author of the work from which you have taken the quotation.

Read sections 12(3), 16, 17, 18 and 19B of the Copyright Act.

Exception where illustrating for teaching

Using any of the following works by way of illustration in any publication, broadcast, sound recording or visual recording for purposes of teaching is exempted from infringement:

This use must not exceed the extent justified by the purpose and must be compatible with fair practice. The source must be mentioned, as well as the name of the author if it appears on the work you are using.

Read sections 12(4), 15(4), 16, 17, 18, 19A and 19B of the Copyright Act.

Exception for public lectures and speeches

Reproducing a public lecture, speech, etc. in the press or in a broadcast for informatory purposes is exempted from infringement. However, this applies only to literary works. For example, if you reproduce a third party’s video clip in the news report, it is not covered by this exemption.

Read section 12(6) of the Copyright Act.

Exception relating to news of the day, official texts and political speeches

This exemption applies only to literary works.

Read section 12(7) of the Copyright Act.

Exception for demonstrating audio/video equipment

Reproducing the following works in bona fide demonstrations of equipment by dealers to a client is not an infringement:

Read section 12(12), 15(4), 16, 17, 18, 19A and 19B of the Copyright Act.