On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 20/02/1987.
35.
—(1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or private study shall not constitute an infringement of the copyright in the work.
(2) For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of copying the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for the purpose of research or private study shall include —
(a)
the purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;
(b)
the nature of the work or adaptation;
(c)
the amount and substantiality of the part copied taken in relation to the whole work or adaptation; and
(d)
the effect of the dealing upon the potential market for, or value of, the work or adaptation.
(3) Notwithstanding subsection (2), a dealing with a literary, dramatic or musical work, or with an adaptation of such a work, being a dealing by way of the copying, for the purposes of research or private study —
(a)
if the work or adaptation comprises an article in a periodical publication, of the whole or a part of that work or adaptation; or
(b)
in any other case, of not more than a reasonable portion of the work or adaptation,
shall be taken to be a fair dealing with that work or adaptation for the purpose of research or private study.
(4) Subsection (3) shall not apply to a dealing by way of the copying of the whole or a part of an article in a periodical publication if another article in that publication, being an article dealing with a different subject-matter, is also copied.
(5) In this section, “research” shall not include industrial research, research carried out by bodies corporate (not being bodies corporate owned or controlled by the Government), companies, associations or bodies of persons carrying on any business.
36. A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, shall not constitute an infringement of the copyright in the work if it is for the purpose of criticism or review, whether of that work or of another work, and a sufficient acknowledgement of the work is made.
37. A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, shall not constitute an infringement of the copyright in the work if it is for the purpose of, or is associated with, the reporting of current events —
(a)
in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the work is made; or
(b)
by means of broadcasting or a cable programme service or in a cinematograph film.
38. The copyright in a literary, dramatic, musical or artistic work is not infringed by anything done —
(a)
for the purpose of a judicial proceeding or of a report of a judicial proceeding;
(b)
for the purpose of seeking professional advice from an advocate and solicitor; or
(c)
for the purpose of, or in the course of, the giving of professional advice by an advocate and solicitor.
39.
—(1) Subject to subsection (2), the copyright in a literary work being a computer program is not infringed by the making of a reproduction of the work, or of a computer program being an adaptation of the work, if —
(a)
the reproduction is made by, or on behalf of, the owner of the copy (in this section referred to as the “original copy”) from which the reproduction is made; and
(b)
the reproduction is made for the purpose only of being used, by or on behalf of the owner of the original copy, in lieu of the original copy in the event that the original copy is lost, destroyed or rendered unusable.
(2) Subsection (1) shall not apply to the making of a reproduction of a computer program, or of an adaptation of a computer program —
(a)
from an infringing copy of the computer program; or
(b)
contrary to an express direction by or on behalf of the owner of the copyright in the computer program given to the owner of the original copy not later than the time when the owner of the original copy acquired the original copy.
(3) Notwithstanding section 31, it is not an infringement for the owner of a copy of a computer program to make or authorise the making of another copy or adaptation of that computer program provided that such a new copy or adaptation is created as an essential step in the utilisation of the computer program in conjunction with a machine and that it is used in no other manner.
(4) For the purposes of this section —
(a)
a reference to a copy of a computer program or of an adaptation of a computer program is a reference to any article in which the computer program or adaptation is reproduced in a material form; and
(b)
a reference to express direction, in relation to a copy of a computer program or of an adaptation of a computer program, includes a reference to a clearly legible direction printed on the copy or on a package in which the copy is supplied.
40.
—(1) The copyright in a published literary, dramatic, musical or artistic work is not infringed by the inclusion of a short extract from the work, or, in the case of a published literary, dramatic or musical work, from an adaptation of the work, in a collection of literary, dramatic, musical or artistic works contained in a book, sound recording or cinematograph film and intended for use by educational institutions if —
(a)
the collection is described in an appropriate place in the book, on the label of each record embodying the recording or of its container, or in the film, as being intended for use by educational institutions;
(b)
the work or adaptation was not published for the purpose of being used by educational institutions; and
(c)
a sufficient acknowledgement of the work or adaptation is made.
(2) Subsection (1) shall not apply in relation to the copyright in a work if, in addition to the extract concerned, two or more other extracts from, or from adaptations of, works (being works in which copyright subsists at the time when the collection is published) by the author of the first-mentioned work are contained in that collection, or are contained in that collection taken together with every similar collection, if any, of works intended for use by educational institutions and published by the same publisher within the period of 5 years immediately preceding the publication of the first-mentioned collection.