In the UK “fair use” is officially known as fair dealing. Unlike the US “fair use” doctrine—which is a broad, flexible defence—UK fair dealing is more restrictive and only applies to specific categories defined by the Copyright, Designs and Patents Act 1988.
Permitted Purposes for Fair Dealing
To qualify for this legal defence, your use of a copyrighted work must fall under one of these specific exceptions:
- Research and Private Study: Use must be for non-commercial purposes.
- Criticism and Review: Allowed if the work has been previously made available to the public and is accompanied by sufficient acknowledgement.
- Quotation: Permits the use of short extracts for various purposes, provided the use is fair and reasonable.
- News Reporting: Allows short clips or text to report current events. Note: This does not apply to photographs.
- Parody, Caricature, and Pastiche: Added in 2014, this allows limited use of material for humorous or satirical purposes.
- Educational Illustration: For instruction or examination within schools or universities, provided it is non-commercial.
- Text and Data Mining: For non-commercial research, provided the researcher already has lawful access to the work.
What Makes a Use “Fair”?
There is no statutory definition for “fair,” so courts judge each case on its facts using these key factors:
- Market Impact: Does your use act as a substitute for the original, causing the owner to lose revenue?.
- Amount Used: Was the amount taken reasonable and necessary for the purpose?.
- Prior Publication: Is the work already public? (Unpublished works are less likely to qualify).
- Sufficient Acknowledgement: Have you correctly credited the author and title?.
Key Limitations
- Photographs: Cannot be used under the news reporting exception.
- Commercial Use: Fair dealing rarely applies to commercial activities; businesses typically need a licence from organisations like the Copyright Licensing Agency (CLA).
- The “5% Rule”: There is no legal rule stating you can use 5% or 10% of a work. While some Society of Authors guidelines exist, courts focus on the importance of the part used, not just the quantity.