9. Defences

Abstract

This chapter deals with the exceptions that a person may invoke in defence when sued for copyright infringement. Most of these exceptions are referred to as ‘permitted acts’ in Chapter III of Part 1 of the Copyright, Designs and Patents Act 1988 (CDPA 1988). The chapter begins by introducing six concepts that feature in many of the exceptions set out in the CDPA 1988: fair dealing, non-commercial use and not-for-profit users, lawful use, sufficient acknowledgment, relationship with contract, and dealings with copies made under exceptions. It then cites exceptions relating to personal copying for private use; non-commercial research or private study; text and data analysis; criticism or review; disclosure in the public interest; uses of works for people with disabilities; public administration; databases, computer programs, and electronic programs; and artistic works and broadcasts. A section on miscellaneous defences concludes the chapter.