- (b) the nature of the work or adaptation;
- (c) the amount and substantiality of the part copied taken in relation to the whole work or adaptation; and
- (d) the effect of the dealing upon the potential market for, or value of, the work or adaptation.
(3) Notwithstanding subsection (2), a dealing with a literary, dramatic or musical work, or with an adaptation of such a work, being a dealing by way of the copying, for the purposes of research or private study—
- (a) if the work or adaptation comprises an article in a periodical publication, of the whole or a part of that work or adaptation; or
- (b) in any other case, of not more than a reasonable portion of the work or adaptation,
shall be taken to be a fair dealing with that work or adaptation for the purpose of research or private study.
(4) Subsection (3) shall not apply to a dealing by way of the copying of the whole or a part of an article in a periodical publication if another article in that publication, being an article dealing with a different subject-matter, is also copied.
(5) In this section, “research” shall not include industrial research, research carried out by bodies corporate (not being bodies corporate owned or controlled by the Government), companies, associations or bodies of persons carrying on any business.
Fair dealing for purpose of criticism or review
36. A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, shall 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.
