43 Research or private study

(1)

Fair dealing with a work for the purposes of research or private study does not infringe copyright in the work.

(2)

For the avoidance of doubt, it is hereby declared that fair dealing with a published edition for the purposes of research or private study does not infringe copyright in either the typographical arrangement of the edition or any literary, dramatic, musical, or artistic work or part of a work in the edition.

(3)

In determining, for the purposes of subsection (1), whether copying, by means of a reprographic process or by any other means, constitutes fair dealing for the purposes of research or private study, a court shall have regard to—

(a)

the purpose of the copying; and

(b)

the nature of the work copied; and

(c)

whether the work could have been obtained within a reasonable time at an ordinary commercial price; and

(d)

the effect of the copying on the potential market for, or value of, the work; and

(e)

where part of a work is copied, the amount and substantiality of the part copied taken in relation to the whole work.

(4)

This section does not authorise the making of more than 1 copy of the same work, or the same part of a work, on any one occasion, but in this subsection copy does not include a non-infringing transient reproduction to which section 43A applies.

Compare: 1962 No 33 ss 19(1), (5), 20(1); Copyright Act 1968 s 40(1), (2) (Aust); Copyright, Designs and Patents Act 1988 s 29(1), (2) (UK)

Section 43(4): substituted, on 31 October 2008, by section 23 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).