41 Incidental copying of copyright work

(1)

Copyright in a work is not infringed by—

(a)

the incidental copying of the work in an artistic work, a sound recording, a film, or a communication work; or

(b)

the issue to the public of copies of an artistic work, the playing of a sound recording, the showing of a film, or the communication of a work to the public, in which a copyright work has been incidentally copied; or

(c)

the issue to the public of copies of a sound recording, film, or communication work to which paragraph (a) or (b) applies.

(2)

For the purposes of subsection (1), a musical work, words spoken or sung with music, or so much of a sound recording or communication work as includes a musical work or those words, must not be regarded as incidentally copied in another work if the musical work or the words, sound recording, or communication work is deliberately copied.

Section 41: substituted, on 31 October 2008, by section 21 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).