Centre for Flexible Learning (CFL)

Fair Use

It is an exception allowed by copyright law to allow a user to use a copyrighted work for personal study or research.  It sets up a set of possible defences against breach of copyright.

Fiji Copyright Act permits uses:
Incidental copying of a work in a film or sound recording, broadcast, audio-visual work, or cable program, or other work permissible where copying is not deliberate (s40).

Extracts can be copied for criticism, review, news reporting (as long as work is acknowledged title/author) (s41).

One copy for research or private study by individuals or through library (s42).

Copying by a school the whole or part of a literary, dramatic, musical or artistic work for research or private study by an individual, but not including a computer program, provided the student or staff pays for it (s43).

An educational establishment may apply to the Minister (A-G) for a certificate of exemption entitling the establishment to exemption (s44).

A recording of a broadcast or cable programme, or a copy of such a recording may be made by or on behalf of a school or educational establishment for the educational purposes (s46).

No infringement for purposes of an examination, whether setting questions, communicating questions to candidates or answering questions. (s47).

Fairness depends on-

  •      Purpose of copying
  •      Nature of work copied
  •      Whether available at a reasonable price
  •      Effect of copying on market for and/or value of work
  •      Significance of portion copied in relation to the whole.

Library exceptions:
Librarian can copy not more than 1 copy of work or excerpt (s49) or article in a periodical (s50) to a person who satisfies the librarian that the person requires it for research or private study, but not to another person on the same occasion, and provided there is no collective licence available over that work, of which the librarian is or should be aware of.

Library may supply to another prescribed library 1 copy of a work or an article in a periodical or 1 edition of an artistic work if work is not available to buy at a commercial price within 6 months of supply, librarian keeps a record to identify the work, allows a copyright owner to inspect the record, and pays any remuneration to a copyright owner, if copyright owner demands (s51).

Library make a copy of any item in its permanent collection or in another prescribed library or archive for the purpose of preserving or replacing an item that is lost, destroyed, or damaged (s52).

Library can make 1 copy of an unpublished work for supply to any person unless a copyright owner prohibits (s53), on a user pays basis, and provided there is no collective licence available over that work, of which the librarian is or should be aware of.