fair dealing in UK

Hello all,

Can anyone with knowledge in UK law explain to me how it is possible that the same law (Copyright, Designs and Patents Act 1988) in chapter 3, section 30 says:

"Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement"

while section 38 says:

  "38.-(1) The librarian of a prescribed library may, if the prescribed conditions are complied with, make and supply a copy of an article in a periodical without infringing any copyright in the text, in any illustrations accompanying the text or in the typographical arrangement.

(2) The prescribed conditions shall include the following-

(a) that copies are supplied only to persons satisfying the librarian
that they require them for purposes of research or private study, and will not use them for any other purpose;

(b) that no person is furnished with more than one copy of the same
article or with copies of more than one article contained in the same issue of a periodical; and

(c) that persons to whom copies are supplied are required to pay for
them a sum not less than the cost (including a contribution to the general expenses of the library) attributable to their production."

Why is not the purpose of criticism included in section 38 as one of the non-infringing conditions? Either section 30 has precedence here or there seems to be some sort of normative conflict.

This means for instance that I cannot order a copy from a library of a magazine page where there is an old ad from the 60's for the drug thalidomide, and then use that image as an illustration in a critical article I am writing about the drug industry?

Fair dealing (and fair use in the US) is supposed to facilitate public education, public debate and similar worthy purposes. Is this not the case here, or am I missing something?

Karl-Erik Tallmo

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