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528 PDFTitle:COPYRIGHT ORDINANCEGazette Number:15 of 2007
Section:38Heading:Research and private studyVersion Date:06/07/2007

General

(1) Fair dealing with a work for the purposes of research or private study does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. (Amended 15 of 2007 s. 12)
(2) Copying by a person other than the researcher or student himself is not fair dealing if-
        (a) in the case of a librarian, or a person acting on behalf of a librarian, he does anything which regulations under section 49 would not permit to be done under section 47 or 48 (articles or parts of published works: restriction on multiple copies of same material); or
        (b) in any other case, the person doing the copying 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.
(3) In determining whether any dealing with a work is fair dealing under subsection (1), the court shall take into account all the circumstances of the case and, in particular-
        (a) the purpose and nature of the dealing, including whether the dealing is for a non-profit-making purpose and whether the dealing is of a commercial nature;
        (b) the nature of the work;
        (c) the amount and substantiality of the portion dealt with in relation to the work as a whole; and
        (d) the effect of the dealing on the potential market for or value of the work. (Replaced 15 of 2007 s. 12)
[cf. 1988 c. 48 s. 29 U.K.]