(2.) This section does not apply where the person permitting the place to be so used establishes—
- (a) that he was not aware, and had no reasonable grounds for suspecting, that the performance would be an infringement of the copyright; or
- (b) that he gave the permission gratuitously, or for a consideration that was only nominal or, if more than nominal, did not exceed a reasonable estimate of the expenses to be incurred by him by reason of the use of the place for the performance.
(3.) In this section, “place of public entertainment” includes any premises that are occupied principally for purposes other than public entertainment but are from time to time made available for hire for purposes of public entertainment.
Division 3.—Acts not Constituting Infringements of Copyright in Works.
Fair dealing for purpose of research or private study. 40. A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or private study does not constitute an infringement of the copyright in the work.
Fair dealing of criticism for purpose or review. 41. A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if it is for the purpose of criticism or review, whether of that work or of another work, and a sufficient acknowledgement of the work is made.
Fair dealing for purpose of reporting news. 42.—(1.) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if—
- (a) it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the work is made; or
- (b) it is for the purpose of, or is associated with, the reporting of news by means of broadcasting or in a cinematograph film.
(2.) The playing of a musical work in the course of reporting news by means of broadcasting or in a cinematograph film is not a fair dealing with the work for the purposes of this section if the playing of the work does not form part of the news being reported.
(3.) This section applies where a literary, dramatic, musical or artistic work, or an adaptation of a literary, dramatic or musical work, is caused to be transmitted to subscribers to a diffusion service in like manner as it applies where such a work or adaptation is broadcast.
