Document ID: chunk:federal_register_of_legislation:C2024C00854:section:40:p1
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 40 (pt 1/2)
Character Range: 132044–134606

40  Fair dealing for purpose of research or study
 (1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or study does not constitute an infringement of the copyright in the work.
 (1A) A fair dealing with a literary work (other than lecture notes) does not constitute an infringement of the copyright in the work if it is for the purpose of, or associated with, an approved course of study or research by an enrolled external student of an educational institution.
 (1B) In subsection (1A) the expression lecture notes means any literary work produced for the purpose of the course of study or research by a person lecturing or teaching in or in connection with the course of study or research.
 (2) For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of reproducing the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for the purpose of research or study include:
 (a) the purpose and character of the dealing;
 (b) the nature of the work or adaptation;
 (c) the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price;
 (d) the effect of the dealing upon the potential market for, or value of, the work or adaptation; and
 (e) in a case where part only of the work or adaptation is reproduced—the amount and substantiality of the part copied taken in relation to the whole work or adaptation.
 (3) Despite subsection (2), a reproduction, for the purpose of research or study, of all or part of a literary, dramatic or musical work, or of an adaptation of such a work, contained in an article in a periodical publication is taken to be a fair dealing with the work or adaptation for the purpose of research or study.
 (4) Subsection (3) does not apply if another article in the publication is also reproduced for the purpose of different research or a different course of study.
 (5) Despite subsection (2), a reproduction, for the purpose of research or study, of not more than a reasonable portion of a work or adaptation that is described in an item of the table and is not contained in an article in a periodical publication is taken to be a fair dealing with the work or adaptation for the purpose of research or study. For this purpose, reasonable portion