Fair use is permitted use
s 190
Open ↗190.—(1) It is a permitted use of a work to make a fair use of the work. (2) It is a permitted use of a protected performance to make a fair use of —(a) the performance; or (b) a recording of the performance.
Source
Copyright Act 2021 Division 2 — Fair use
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Relevant matters in deciding whether use is fair
s 191
Open ↗191. 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.
Additional requirement for sufficient acknowledgment where use is for certain purposes
s 192
Open ↗192.—(1) Where a work or a protected performance (including a recording of the performance) is used for the purpose of reporting news, the use is not fair unless —(a) the work or performance is sufficiently acknowledged; or (b) sufficient acknowledgment is impossible for reasons of practicality or otherwise. (2) Where a work or protected performance (or a recording of the performance) is used for the purpose of criticism or review (whether of that work or performance or another work or performance), the use is not fair unless the work or performance is sufficiently acknowledged.
Deemed fair use where work or recording included in fairly‑used work
s 193
Open ↗193.—(1) This section applies where —(a) any of the following is used for the purpose of criticism or review:(i) a sound recording; (ii) a film; (iii) a broadcast; (iv) a cable programme; (v) a protected performance (including a recording of the performance); and (b) the use is fair.[Act 31 of 2022 wef 01/11/2022] (2) A work or a recording of a protected performance that is included in the sound recording, film, broadcast, cable programme, performance or recording mentioned in subsection (1)(a) is deemed to be fairly used (and section 191 does not apply).[Act 31 of 2022 wef 01/11/2022] (3) To avoid doubt, this section does not limit what would otherwise be a fair use.
Deemed fair use where reasonable portion copied for research or study
s 194
Open ↗194.—(1) Making a copy of a literary, dramatic or musical work for the purpose of research or study is deemed to be a fair use (and section 191 does not apply) if —(a) the work is an article in a periodical publication; or (b) no more than a reasonable portion of the work is copied. (2) Subsection (1) does not apply to making a copy of an article in a periodical publication if —(a) another article in that publication is also copied; and (b) the copied articles deal with different subject matters. (3) To avoid doubt, this section does not limit what would otherwise be a fair use.
Back to Copyright Act 2021 — full text
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