Exceptions to Copyright Fact Sheet

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‘Fair dealing’ is a legal term used to establish whether a use of copyright material without permission is lawful or whether it infringes copyright. There is no statutory definition of fair dealing - it will always be a matter of fact, degree and impression in each case. The question to be asked is: how would a fair-minded and honest person have dealt with the work?

Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair, include:

• Does using the work affect the market for the original work?
• If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair.
• Is the amount of the work taken reasonable and appropriate?
• Was it necessary to use the amount that was taken? Usually, only part of a work may be used. The relative importance of any one factor will vary according to the case in hand and the type of dealing in question.

This Fact Sheet from Naomi Korn Associates will help you to understand the exceptions to UK Copyright law.

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