CyberLawNet.com - Powered by Yip Tse & Tang, Solicitors & Notaries 葉謝鄧律師行

Moral Rights of Author
Private Use: fair dealing, time-shifting recording, copying artistic works in public, computer program backup

Exceptions or Permitted Acts

A number of exceptions permits limited use of copyright works without the permission of the copyright owner. For example, limited use of works may be possible for research and private study, criticism or review, reporting news ('fair dealing'), judicial proceedings, teaching in schools and other educational establishments . In the latter situation, copying within 'reasonable extent'.

Copying large amounts of material and/or making multiple copies cannot be an exception and thus need permission. Also where a copyright exception covers publication of excerpts from a copyright work, it is generally necessary to include an acknowledgement. Sometimes more than one exception may apply to the use you are thinking of.

It is important to remember that just owning a copy of a copyright work does not give you permission to use it in a way that would infringe copyright. If your use of a copyright work does not involve using a substantial part, then you will not be infringing copyright. But it is important to remember that even very small parts of a copyright work may count as a substantial part. Exceptions to copyright do not generally give you rights to use copyright material; they just state that certain activities do not infringe copyright. So it is possible that an exception could be overridden by a contract you have agreed limiting your ability to do things that would otherwise fall within the scope of an exception. Therefore, reviewing the terms of the licence is necessary for making a decision.