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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.
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 ...
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
The three-step test in Article 9(2) of the Berne does not apply to copyright exceptions that are implemented under other parts of the Berne convention that have a separate standard, such as those in articles 2(4), 2(7), 2(8), 2 bis, 10, 10 bis and 13(1), or the Berne Appendix.
Article 5 lists the copyright exceptions which Member States may apply to copyright and related rights. The restrictive nature of the list was one source of controversy over the directive: in principle, Member States may only apply exceptions which are on the agreed list, although other exceptions which were already in national laws on 2001-06 ...
The act amended existing UK copyright law, as recommended by a royal commission in 1878 [3] and repealed all previous copyright legislation that had been in force in the UK. [4] The act also implemented changes arising from the first revision of the Berne Convention for the Protection of Literary and Artistic Works in 1908.