Gareth Hughes, in Committee, to move the following amendment:
New clause 11A
After clause 11 (page 13, after line 5), insert:
11A New section 40A inserted (Fair use)
After section 40, insert:
40A Fair use
Despite any other provision in this Part, the fair use of a copyrighted work, including use by reproduction in copies or phonorecords or by any other means, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered include—
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes:
the nature of the copyrighted work:
the amount and substantiality of the portion used in relation to the copyrighted work as a whole:
the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished does not bar a finding of fair use if that finding is made upon consideration of all the above factors.