| Commentary

46 Fair dealing

| Commentary

46 Fair dealing

‘Fair dealing’ is not defined in the Copyright, Designs and Patents Act 1988, nor was it defined either in the Copyright Act 1956 or in the Copyright Act 1911. It is one of the principal defences to a claim for infringement of copyright and falls to be considered primarily when it is held or admitted that a restricted act has been done in relation to a substantial part1 of a copyright work. The courts take into account a number of factors in determining whether any act amounts to fair dealing, and these include: whether the commercial exploitation

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