Page:Copyright Act 2021.pdf/119

120 (2) Where a work or protected performance (or a recording of the performance) is used for the purpose of criticism or review (whether of that work or performance or another work or performance), the use is not fair unless the work or performance is sufficiently acknowledged.

Deemed fair use where work or recording included in fairly-used work

193.—(1) This section applies where—
 * (a) any of the following works is used for the purpose of criticism or review:
 * (i) a sound recording;
 * (ii) a film;
 * (iii) a broadcast;
 * (iv) a cable programme; and
 * (b) the use is fair.

(2) A work or a recording of a protected performance that is included in the work mentioned in subsection (1)(a) is deemed to be fairly used (and section 191 does not apply).

(3) To avoid doubt, this section does not limit what would otherwise be a fair use.

Deemed fair use where reasonable portion of article copied for research or study

194.—(1) Making a copy of a literary, dramatic or musical work for the purpose of research or study is deemed to be a fair use (and section 191 does not apply) if—
 * (a) the work is an article in a periodical publication; or
 * (b) no more than a reasonable portion of the work is copied.

(2) Subsection (1) does not apply to making a copy of an article in a periodical publication if—
 * (a) another article in that publication is also copied; and