The Act provides for limited use of copyrighted works without licence or payment of fees. Part of this is known as fair dealing, which is covered across various sections of the Act. These are specified where relevant below.
‘Fair dealing’ has no fixed legal definition. Its intention is to facilitate a reasonable balance between the economic interests of the copyright holder and the information needs of the user.
Under fair dealing (sections 50 to 52, 69A, 221, 235A and 329), use or reproduction of copyright material for research and private study is allowed, although there is no exact definition given in the Act as to the amounts that may be reproduced. Such reproduction is deemed acceptable if it is ‘for a purpose and to an extent that will not unreasonably prejudice the interests of the owner of the copyright’.
Fair dealing exemptions are essentially intended for the individual researcher or student. They can also apply during the course of a public lecture given under certain conditions (section 69A).
- From the CONUL Copyright Guide
