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Intellectual Property Law

Intellectual Property Law (6th edn)

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
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date: 30 September 2023

p. 2429. Defenceslocked

p. 2429. Defenceslocked

  • L. Bently,
  • B. Sherman,
  • D. Gangjee
  •  and P. Johnson

Abstract

This chapter deals with the exceptions that a person may invoke in defence when sued for copyright infringement. Most of these exceptions are referred to as ‘permitted acts’ in Chapter III of Part 1 of the Copyright, Designs and Patents Act 1988 (CDPA 1988). The chapter begins by introducing six concepts that feature in many of the exceptions set out in the CDPA 1988: fair dealing, non-commercial use and not-for-profit users, lawful use, sufficient acknowledgement, relationship with contract, and dealings with copies made under exceptions. It then discusses the exceptions relating to non-commercial research or private study; text and data analysis; criticism or review; quotation and parody; disclosure in the public interest; uses of works for people with disabilities; public administration; databases, computer programs, and electronic programs; and artistic works and broadcasts.

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