‘Fair dealing’ is a legal term used to decide if the use of copyrighted material is legal or if it is breaking copyright law.
Fair dealing is governed by Sections 29 and 30 of the Copyright, Designs and Patents Act 1988. The following occasions are when fair dealing is a legitimate defence:
- If the material is being used for the private study or purposes of research
- If the material is being used for illustration for instruction (e.g., used in a lecture, a thesis, or an examination)
- If the material is being used to report current events (this does not apply to photographs)
- If the material is being used for research of a non-commercial nature
- If the material is being used for text and/or data analysis, for non-commercial purposes (not limited to fair dealing)
- If the material is being used for criticism or review
As there is no statutory definition of fair dealing, you should ask yourself if your use of the work is fair and honest.
Factors you should consider when deciding if using a particular work is fair dealing include:
- Does using the work cause the owner to lose income because it replaces the need for you or anyone else to buy the work? If yes then the copying is probably not fair.
- Is the amount of the work taken a reasonable and appropriate size? Was it necessary to use the amount that you did? Usually only part of a work may be used.
- Is the copy being made for the person doing the copying, and no-one else? It cannot be passed on to anyone else and is for personal use only.