Q. Under what circumstances is copyright protection not infringed?
Exception to copyright infringement is provided under "fair dealing" where a certain amount of copying is permissible for the purpose of study, research and non-profit educational uses, criticism or review, and news reporting.
The following points are taken into account when determining whether fair dealing is applicable.
1. The purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;
2. The nature of the work or adaptation, or audio-visual item;
3. The amount and substantiality of the part copied taken in relation to the whole work or adaptation, or audio-visual item;
4. The effect of the dealing upon the potential market for, or value of, the work or adaptation, or the audio-visual item; and
5. The possibility of obtaining the work or adaptation, or audio-visual item, within a reasonable time at an ordinary commercial price.