Quotation: amendments to section 303

1

Section 304 is amended as follows.

2

In the heading, after “review” insert “, quotation”.

3

In subsection (1), after “acknowledgement” insert “(unless this would be impossible for reasons of practicality or otherwise)”.

4

After subsection (1) insert—

1ZA

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).

5

In subsection (1A)—

a

for “subsection (1)” substitute “subsections (1) and (1ZA)”, and

b

for “that subsection” substitute “those subsections”.

6

After subsection (3) insert—

4

To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of subsection (1ZA), would not infringe copyright, that term is unenforceable.