Answered By: Digital Library Services Team
Last Updated: Feb 03, 2017     Views: 104

The CPDA ( Copyright, Designs and Patents Act 1988) permits "fair dealing" with certain types of copyright work. Fair dealing is permitted for the following purposes:

  • Research or private study
  • Criticism or review; and
  • Reporting current events

In order to benefit from the research and private study exception, the research and private study must be for a non-commercial purpose. In addition, sufficient acknowledgement must be given identifying the copyright work by its title and author.

Fair dealing with a work for the purpose of criticism, review or news reporting (other than news reporting in relation to a photograph) will not infringe copyright in a work as long as that work has already been made available to the public (for example if it has already been performed, published or exhibited) and provided that sufficient acknowledgement is given.

What amounts to "fair dealing" depends on the circumstances. However, in general, dealing with copyright work will only be fair if the use is limited and moderate. Factors which a court may take into account when considering whether dealing is fair include whether the amount of work taken is reasonable and appropriate, and whether the dealing is likely to affect the market for the original work. The key question to ask is "How would a fair minded and honest person have dealt with the work?".