Exceptions within the CDPA (1988) are subject to the application of 'Fair Dealing'. This is a legal term with no prescribed definition, but which aims to assess whether a particular act of copying is reasonable and fair to the copyright holder.
Guiding principles
While the Intellectual Property Office (IPO) states that the application of fair dealing is 'case by case' with no strict definition, they do quote two guiding principles:
- Does using the work affect the market for the original work?
If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair
- Is the amount of the work taken reasonable and appropriate?
Was it necessary to use the amount that was taken? Usually only part of a work may be used.
In addition sufficient acknowledgement or attribution should be made to the creator/publisher or licence holder to further bolster a 'Fair Dealing defence.
In context this means that the greater proportion copied, the less likely it is to be fair dealing.
Equally, copying with commercial implications (such as for publication) is unlikely to be deemed 'Fair Dealing'.
Fair Dealing podcast
You can listen to our podcast about Fair Dealing below: