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.