Fair dealing in the UK

Under the Copyright, Designs and Patents Act 1988 (CDPA), fair dealing is limited to the following purposes: - research and private study (must be non-commercial) - criticism - review - quotation, and - news reporting - parody, caricature and pastiche (section 30A) and - illustration for teaching.

The relevant sections are 29, 30, 30A, and 178.

Although not actually defined as a fair dealing, incidental inclusion of a copyrighted work in an artistic work, sound recording, film, broadcast or cable programme does not infringe copyright. Since 2014 the UK has protected the fair dealing exceptions from override by contracts or contractual terms and conditions - wikipedia

Contrary to the often stated view, the provisions of section 29 of the CDPA do ''not'' state the amount of an in-copyright work that may be copied for the purposes of non-commercial research or private study or to single copies of the work, where the copies are made by the researcher or student himself.

Such restrictions only apply to copies made by or on behalf of a librarian (section 40), or by a person, other than the researcher or student himself, who knows or has reason to believe that "it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose" (by virtue of parag. s. 29(3)b).

# Copyright Licensing Agency For copying beyond the boundaries of fair dealing, universities and schools in the UK obtain licences from a national copyright collective, the UK The Copyright Licensing Agency (CLA). Under these licences, multiple copies of portions of copyrighted works can be made for educational purposes.

Consequently, now commonplace activities such as format shifting (saving one's music contained in their CDs on their MP3 players or on their smartphones) had become illegal, however in practice the Government did not enforce this.

The UK was the only Member State of the European Union that did not have a private copy exception, since the High Court has quashed the relevant regulations in ''British Academy of Songwriters, Composers and Authors (Basca) and Others v. Secretary of State for Business, Innovation and Skills''.

# See also