RE: Re: Fair Use in UK

As far as the computer angle is concerned, note that section 29 (4) and (5) state that it is not fair dealing to decompile a computer program (or to make incidental copies in the course of doing so) or to observe, study or test the functioning of a computer program to determine the underlying ideas and principles. Although this exclusion only appears in section 29, I read it to mean that fair dealing for the other statutory purposes is also excluded as far as computer programs are concerned. Decompiling and studying computer programs can therefore only be carried out under section 50B or 50BA of the Act, which were inserted respectively by the Copyright (Computer Programs) Regulations 1992 and the Copyright and Related Rights Regulations 2003 to comply with EC directives.

Peter Groves
Bircham Dyson Bell, 50 Broadway, London SW1H 0BL Direct line 020 7170 0327
Mobile 07970 175907

-----Original Message-----
From: Edward Barrow [mailto:edward[_at_]copyweb.co.uk] Sent: 17 June 2004 16:31
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Fair Use in UK

On Tuesday 15 June 2004 21:41, Nancy Willard wrote:
> Hi folks.
>
> I am hoping for some help from some folks in UK, Canada, AU on the issue
of
> fair use.
>
> I have a book I have written on computer ethics for students. I address
> copyright law, but the current version is US-centric. However, the book is
> being marketed in the above other countries.
>
> The book is up for a reprint. I want to add information on the standards
in
> these countries. I am hoping some kind members on this list will provide a
> shortcut for my research. ;-) Also if you have any links for appropriate
> resources to recommend, that would be appreciated.
>

My 2p's worth.

There is no such thing as "fair use" in the UK statutes; the common-law fair

use defence was replaced in 1911 by the statutory defence of fair dealing.

Fair dealing in the UK only applies for the following purposes:

- for non-commercial research or private study;
- for reporting current events;
- for criticism or review.

(See ss.29 and 30 of the Copyright, Designs and Patents Act 1988)

The regulations implementing the EU's Information Society directive clarifed
that copying for the purposes of commercial research is not fair dealing and

amended s.29.

There's very little caselaw, and what there has been has tended to emphasise

that each case must be considered in the light of all the circumstances surrounding it.

There have been attempts to produce fair dealing guidelines for specific sectors: see, for example the 1998 guidelines produced for the academic sector: http://www.ukoln.ac.uk/services/elib/papers/pa/fair/intro.html.

The curren trend is to respect and acknowledge fair dealing and also to use licence terms to clarify speicifically what users may and may not do.

-- 
Edward Barrow
Copyright Consultant
edward[_at_]copyweb.co.uk
***Important: see http://www.copyweb.co.uk/email/ for important information 
about the legal status of this email

#############################################################
This message is sent to you because you are subscribed to
  the mailing list <CNI-COPYRIGHT[_at_]cni.org>.
To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org>
To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org>
To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org>
To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org>
Send administrative queries to  <CNI-COPYRIGHT-request[_at_]cni.org>

Visit the CNI-COPYRIGHT e-mail list archive at
<https://mail2.cni.org/Lists/CNI-COPYRIGHT/>.


************************************************************************
This email is sent from the offices of Bircham Dyson Bell,
a full list of whose partners is available for inspection on request.
50 Broadway, London, SW1H OBL, UK

Bircham Dyson Bell is regulated by the Law Society.

WARNING - This email and any files transmitted with it are confidential
and may also be privileged.  If you are not the intended recipient, you
should not copy or use any part of it or disclose its contents to any 
person.  

If you have received it in error please notify our system manager 
immediately on +44 20 7227 7000.
************************************************************************