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Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a number of important considerations such as market failure, freedom of speech, [1] education and ...
UK copyright law has a set of exceptions to copyright, only some of which are referred to as fair dealing. Database right has a similar set of exceptions. Fair dealing is much more restricted than the American concept of fair use. It only applies in tightly defined situations, and outside those situations, it is no defence at all against a ...
Section 30(1) of the 1988 Act provides that the fair dealing exception is valid if the material is being copied for criticism or review. For it to apply, the infringer must be able to show that the dealing was for criticism or review, that the infringed work was previously made available to the public, that the dealing was fair, and that the dealing was accompanied by an acknowledgement.
Although not actually defined as a fair dealing, incidental inclusion of a copyrighted work in an artistic work, sound recording, film, broadcast or cable programme does not infringe copyright. Since 2014 the UK has protected the fair dealing exceptions from override by contracts or contractual terms and conditions.
While exceptions to normal infringement such as fair dealing do not apply, the right to object to derogatory treatment has its own, individualised exceptions. When works are created by employees of a company in the course of their work, the company or its other employees can alter the work in question, with the author's rights "giving way to ...
New s. 296 of the 1988 Act created new rights in respect of copyright works to which copy protection measures have been applied. This right is held concurrently by: any person issuing copies of the work to the public or communicating the work to the public; and; the owner of the copyright in the work, or his exclusive licensee; and
Exceptions to copyright protection are required to be clearly defined and narrow in scope and reach. [2] For instance, the three-step test was invoked as a justification for refusing certain exceptions to copyright wished for by members of the French parliament during the examination of the controversial DADVSI copyright bill.
UK Ltd and others [2012] - This case established that football fixture lists are not protected by copyright if the compilation is not the authors own intellectual creation even if the compilation required significant labor, judgement and skill [at 42]. [18]