Section 20 Copyright Act

Section 20 Copyright Act 2022 is about General exceptions. It is under Part II (Exceptions to Copyright) of the Act.

(1) The rights conferred in respect of a work under sections 9-13 of this Act, do not include the right to control any of the acts specified in those sections by way of fair dealing for purposes such as —
(a) private use ;
(b) parody, satire, pastiche, or caricature ;
(c) non-commercial research and private study ;
(d) criticism, review or the reporting of current events, subject to the condition that, if the use is public, it shall, where practicable, be accompanied by an acknowledgment of the title of the work and its author except where the work is incidentally included in a broadcast :

Provided that in determining whether the use of a work in any particular case is fair dealing, the factors to be considered shall include the —
(i) purpose and character of its usage,
(ii) nature of the work,
(iii) amount and substantiality of the portion used in relation to the work as a whole, and

(iv) effect of the use upon the potential market or value of the work ;
(e) the inclusion in an audiovisual work or a broadcast of an artistic work situated in a place where it can be viewed by the public ;

(f ) the incidental inclusion of an artistic work in an audiovisual work or broadcast ;
(g) quotations in the form of short excerpts from a work ;

(h) reading or recitation in public or in a broadcast, not for commercial purposes, of any reasonable extract from a published literary work if, accompanied by an acknowledgment of the title of the work and its author ;
(i) any use made of a work by or under the direction or control of the Government or by such public libraries, non-commercial documentation centres and scientific or other institutions as may be prescribed, where the use is in the public interest, provided that —
(i) no revenue is derived, and
(ii) the use does not substantially affect the potential market or value of the work ;

(j) the reproduction of a work by or under the direction or control of a broadcasting organisation, where the reproduction or any copies are intended exclusively for a lawful broadcast and are destroyed before the end of the period of six months immediately following the making of the reproduction or such longer period as may be agreed between the broadcasting organisation and the owner of the relevant part of the copyright in the work, provided that any reproduction of a work made under this paragraph —
(i) may, if it is of an exceptional documentary character, be preserved in the archives of the broadcasting organization,
(ii) shall not be used for any other purpose without the consent of the owner of copyright in the relevant part of the work, and
(iii) “lawful broadcast” means a broadcast that does not infringe on the copyright in the work ;

(k) news of the day for public broadcast or publicly communicated by any other means ;
(l) any use made of a work for the purpose of judicial or legislative proceedings or the reporting of such proceedings ;

(m) the making of not more than three copies of a work, by or under the direction of the person in charge of a public library, for the use of the library, where such a work is not available for purchase ;
(n) reproduction for the purpose of research or private study of an unpublished literary or musical work kept in a library, museum or other similar institutions to which the public has access ;
(o) transient and incidental reproductions, which are integral and essential parts of a technological process, whose sole purpose is to enable transmission in a network between third parties by an intermediary or for other lawful use, where such use has no independent economic significance ;

(p) without prejudice to section 26 of this Act, use for the benefit of persons with disabilities and of a non-commercial nature, to the extent required by the specific disability ;
(q) use of an artistic work in the form of a building model or a drawing or plan of a building for the purposes of reconstructing the building ; and
(r) communication or making available of works and other material not subject to purchase or licensing terms to members of the public for the purpose of research or private study through dedicated terminals on the premises of publicly accessible libraries, educational establishments, museums and archives.

(2) Notwithstanding the provisions of section 9 of this Act, reproduction of a copy or the adaptation of a computer program is permitted, if the copy or adaptation is necessary for —
(a) use with a computer for the purpose for which the computer program was obtained ;
(b) archival purposes or as a replacement, in the event that the original copy of the computer program is lost, destroyed or rendered unusable ; and

(c) the activation of a machine that lawfully contains an authorised copy of the computer program, for purposes of maintenance or repair only of that machine, subject to the condition that—–
(i) such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed, and
(ii) with respect to any computer program or part that is not necessary for that machine to be activated, such program or part is not accessed or used other than to make such new copy by virtue of the activation of the machine.

(3) Any contractual term which purports to restrict or prevent the doing of any act permitted under this Act shall be void.