Amendments to section 30

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Halie0201
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Amendments to section 30

Post by Halie0201 » Mon Feb 05, 2018 7:20 am

Hello,

I noticed that recently section 30 is changed. It seems that with the new terms, it will be easier to become "fair dealing".
Copyright in a work is not infringed by the use of a quotation from the work (whether for criticism or review or otherwise) provided that—
(a)the work has been made available to the public,
(b)the use of the quotation is fair dealing with the work,
(c)the extent of the quotation is no more than is required by the specific purpose for which it is used, and
(d)the quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).
I am not sure about the meaning of term c. How to understand "the extent of the quotation is no more than is required by the specific purpose for which it is used"?

For example, if I quote some short clips which are extracted from BBC documentary "Empire" in a non-commercial documentary talking about the history of industrial revolution in British, is it a fair dealing?

p.s. https://www.gov.uk/guidance/exceptions- ... ir-dealing
According to the explanation on the UK gov website, I understand if it looks "reasonable" to quote, it should be fine. For example, the clips are very short and not offend the copyright owner's marketing profit. The clips are very related to the history I want to talk about. And credit and attribution should be added. Besides, the final project is not for sale or commercial usage.

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AndyJ
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Re: Amendments to section 30

Post by AndyJ » Mon Feb 05, 2018 10:34 am

Hi Halie,

The 'no more than is necessary' rule is something the courts have developed over the years, and the guidance is based on the current thinking on the subject. It is all relative to why (the purpose) you want to quote that particular work in the first place. If the quoted part amplifies or expands on the point you wish to make then you have greater leeway than if the clip merely illustrates the point you have already made with your own words. We've discussed that part a number of times before here, but if you you take a commonsense or reasonable approach and remember that this is supposed to be 'fair' dealing, you should be fine.
The only difficulty here is that we have no cases which examine the new exceptions in order to see how the courts will interpret the new quotation exception, as opposed to, say, the older criticism and review, or reporting current events exceptions.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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