Commonwealth Numbered Acts

COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT 7

7. Section 40 of the Principal Act is amended-

(a) by omitting "private"; and

   (b)  by adding at the end thereof the following sub-sections:



"(2) For the purposes of this Act, the matters to which regard shall be had,
in determining whether a dealing with a literary, dramatic, or musical work,
being a dealing by way of copying the whole or a part of the work or
adaptation, constitutes a fair dealing with the work or adaptation for the
purpose of research or study include-

   (a)  the purpose and character of the dealing;

   (b)  the nature of the work or adaptation;

   (c)  the possibility of obtaining the work of adaptation within a
        reasonable time at an ordinary commercial price;

   (d)  the effect of the dealing upon the potential market for, or value of,
        the work or adaptation; and

   (e)  in a case where part only of the work or adaptation is copied- the
        amount and substantiality of the part copied taken in relation to the
        whole work or adaptation.



"(3) Notwithstanding sub-section (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 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 study.



"(4) Sub-section (3) does 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.".