This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. You can access the new platform at https://opencasebook.org. Thank you.
52. Subject to section 54, fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe copyright in the work or, in the case of a published edition, in the typographical arrangement.
53.-(1) Subject to section 54-
does not infringe copyright in the work so long as it is accompanied by a sufficient acknowledgement.
(2) No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film, broadcast or cable programme.
54. For the purpose of determining whether an act done in relation to a work constitutes fair dealing, the court determining the question shall take account of all factors which appear to it to be relevant, including-
(a) the nature of the work in question;
(b) the extent and substantiality of that part of the work affected by the act in relation to the whole of the work;
(c) the purpose and character of the use; and
(d) the effect of the act upon the potential market for, or the commercial value of, the work.
55. Copyright in a work is not infringed-
(a) by its incidental inclusion in an artistic work, sound recording, film, broadcast or cable programme; or
(b) by the issue to the public of copies or the playing, showing, broadcasting or inclusion in a cable programme service of anything whose making was not an infringement of copyright by virtue of paragraph (a),
and for the purposes of this section, a musical work, words spoken or sung with music, or so much of a sound recording, broadcast or cable programme as includes a musical work or such words, shall not be regarded as incidentally included if it is deliberately included.
This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu. Thank you.