Description of the legal term Fair Dealing:
Fair dealing is a legal doctrine in the UK that governs the use of copyrighted works without the permission of the copyright holder, under certain circumstances. It is equivalent to the concept of “fair use” in the United States but with some key differences. In the UK, this principle is primarily outlined in the Copyright, Designs and Patents Act 1988 and is crucial in maintaining a balance between the rights of copyright owners and the interests of the public.
Under UK law, fair dealing applies to specific purposes such as research and private study, criticism or review, news reporting, and parody or pastiche. In deciding whether a particular use of a work is fair dealing, courts take into account various factors, including the purpose and nature of the use, the amount of the work used, and the effect of the use on the market for the original work.
A fair dealing defense in a copyright infringement case requires the user of the work to demonstrate that their use falls within one of the designated purposes and is fair in the circumstances. This requires a qualitative assessment rather than a quantitative one; it’s not just about how much of the work is used but how it’s being used that matters.
For instance, copying a substantial part of a work generally undermines a fair dealing defense, but copying a small amount may also be unfair if used in a way that competes with or substitutes the original work. Additionally, the use must be accompanied by sufficient acknowledgment of the source unless it would be impractical to do so, or it’s not required by reasonable practice.
The doctrine of fair dealing is particularly important for educational purposes, allowing academics and students to use copyrighted materials for research and private study. It also enables artists and entertainers to create parodies without fear of legal retribution, provided they adhere to fair dealing guidelines.
Legal context in which the term Fair Dealing may be used:
Take, for example, a university professor who compiles an anthology of various literary works for his class to use as core study material. If the professor copies entire works or substantial parts of them for his materials without seeking permission, this may not qualify as fair dealing for the purpose of private study or research due to the volume of the work used. However, if the professor only uses sufficient excerpts to make the point or to facilitate discussion and critique, and attributes the works properly, he could argue this is fair dealing under the concept of educational use.
Another context would be a movie reviewer who incorporates clips from the film they are reviewing into their video critique. Even if the film studio has not given permission for the use of their work, the reviewer is likely covered by fair dealing if the use of the clips is for the purpose of criticism or review. The amount of the work used should be reasonable and appropriate to the purpose, and it must not impact the market for the original work negatively – for example, by showing the most significant or climax moments of the film that could dissuade others from watching it themselves.
Fair dealing maintains a delicate equilibrium within the British legal system, allowing for the dissemination of knowledge and information, fostering educational progress, and encouraging cultural and artistic expression without undermining copyright holders’ legitimate interests. As such, it is integral to upholding freedom of expression and creativity in the UK while respecting the rights of creators and copyright owners.
