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43In the UK, there are a number of ‘fair dealing’ exceptions to copyright law, which means that certain uses of an artistic work do not require permission from the copyright owner so long as the use is considered to be ‘fair’.
The general rule is that reproducing an artistic work without the permission of the copyright owner amounts to copyright infringement, unless an exception to copyright applies. Some of the exceptions to copyright require a two-step approach - that the work is used for a specific purpose and that the work has been dealt with in a fair way – hence, they are known as the ‘fair dealing’ exceptions.
Step One: What purpose is the artistic work used for?
An exception to copyright can apply where an artistic work is used for a very specific purpose. There is no general rule on how the exceptions apply, so each purpose should be examined in turn – for instance the exception to copyright for the purpose of reporting current events does not apply to photographs, but it does apply to other artistic works.
The ‘fair dealing’ criteria will apply to uses of artistic works that are for the following purposes and which are explained in our general factsheet on copyright exceptions.
For the purpose of criticism and review
For the purpose of quotation
For the purpose of reporting current events
For the purpose of parody, caricature and pastiche
For the purpose of research and private study for non-commercial research
For the purpose of preservation or replacement copies
For the purpose of educational uses for instruction and examination
For the purpose of text or data mining for non-commercial research
Step Two: How is fairness assessed?
Fair dealing means that the artistic work has to be used in a way which is considered fair, but ‘fairness’ is not defined by the law. Instead, the courts have determined what conditions are to be considered to decide what is fair.
What does ‘dealing’ mean?
‘Dealing’ in the context of copyright exceptions simply means someone is making use of an artistic work in a copyright relevant way. It does not need to be a transaction or something done for money, but must be for one the purposes stated above.
How much is being used?
When assessing fairness, it is important to consider the quality and the quantity of the artistic work that is being used.
Fair dealing in United Kingdom law is a doctrine which provides an exception to United Kingdom copyright law, in cases where the copyright infringement is for the purposes of non-commercial research or study, criticism or review, or for the reporting of current events.
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