4.—(1) Paragraph 2(1) of Schedule 2 is amended as follows.
(2) In the heading, after “reviews” insert “, quotation”.
(3) After sub-paragraph (1) insert—
“(1ZA) The rights conferred by this Chapter in a performance or a recording of a performance are not infringed by the use of a quotation from the performance or recording (whether for criticism or review or otherwise) provided that—
(a)the performance or recording has been made available to the public,
(b)the use of the quotation is fair dealing with the performance or recording, and
(c)the extent of the quotation is no more than is required by the specific purpose for which it is used.”
(4) After sub-paragraph (1A) insert—
“(1B) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of sub-paragraph (1ZA), would not infringe any right conferred by this Chapter, that term is unenforceable.”
Paragraph 2 of Schedule 2 was amended by S.I. 2003/2498, regulations 3 and 10(2).