Jamaica Copyright Act, ss. 52-55 (fair dealing) | sarah hsia | April 02, 2015

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Jamaica Copyright Act, ss. 52-55 (fair dealing)

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-

  • fair dealing with a protected work for the purposes of criticism or review of that or another work or of a performance of a work; and
  • fair dealing with a protected work (other than a photograph) for the purpose of reporting current events,

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.

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April 02, 2015

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sarah hsia

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