Cap. 415 Art. 9Restriction with regard to certain works.

(1) Copyright in an audiovisual work, a database, a literary work other than in the case of a computer programme, a muscial or artistic work shall not include the right to authorise or prohibit -

(a) temporary acts of reproduction, which are transient or incidental and an integral and essentail part of a technological process and whose sole purpose is to enable:

(i) a transmission in a network between third parties by an intermediary, or

(ii) another lawful use of a work or other subject-matter to be made, and which have no independent economic significance;

(b) reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects, with the exception of sheet music, provided that the rightholders received fair compensation;

(c) reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commerical, on condition that the rightholders receive fair compensation which takes account of the application or non-application or technological measures to the work or subject-matter concerned;

(d) specific acts of reproduction made by publicly accessible libraries, educational establishments or museums, or by archives, which are not for direct or indirect economic or commercial advantage;

(e) ephemeral recordings or works made by broadcasting organisations by means of their own facilities and for their own broadcasts: Provided that any reproduction of a work made under this paragraph may, if it is of exceptional documentary character be preserved in official archives;

(f) reproduction of broadcasts made by social institutions pursuing non-commercial purposes, such as hospitals or prisons, on condition that the rightholders receive fair compensation;

(g) the performing, playing or showing of a work in a place where no admission fee is charged in respect of such an act by any club whose aim is not profit-making;

(h) the reproduction, translation, distribution or communication to the public of a work for the sole purpose of illustration for teaching or scientific research only to the extent justified by the non-commercial purpose to be achieved, and as long as the source, including the author’s name, is, unless this is impossible, indicated;

(i) the reproduction, translation, distribution or communication to the public of a work for the benefit of people with a disability, which are directly related to the disability and on a non-commercial nature, to the extent required by the specific disability;

(j) the reproduction by the press, translation, distribution or communication to the public of published articles on current economic, political or religious topics or of broadcast works or other subject-matter of the same character, in cases where such use is not expressly reserved, and as long as the source, including the author’s name, is indicated, or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author’s name, is, unless this is impossible, indicated;

(k) the reproduction, translation, distribution or communication to the public of quotations for purposes such as criticism or review, provided that they relate to a work or other subject-matter which has already been lawfully made available to the public, as long as, unless this is impossible, the source, including the author’s name, is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purposes;

(l) the reproduction, translation, distribution or communication to the public of a work for the purposes of public security or to ensure the proper performance or reporting of administrative, parliamentary or judicial proceedings;

(m) the reproduction, translation, distribution or communication to the public of political speeches as well as extracts of public lectures or similar works or subject-matter to the extent justified by informatory purposes and provided that the source, including the author’s name, is, except where this is impossible, indicated;

(n) the reproduction, translation, distribution or communication to the public of a work for use during religious celebrations or official celebrations organized by a public authority;

(o) the reading or recitation in public by a person of any reasonable extract from a published literary work if accompanied by a sufficient acknowledgement;

(p) the inclusion in a communication to the public, the making of a graphic representation and the making of a photograph or film, of a work of architecture or sculpture or similar works made to be located permanently in public places;

(q) the incidental inclusion of a work or other subject matter in other material;

(r) the reproduction, distribution or communication to the public of a work for the purpose of advertising the public exhibition or sale of artistic works, to the extent necessary to promote the event, excluding any other commercial use;

(s) the reproduction or communication to the public of a work by way of caricature, pastiche or parody;

(t) the reproduction, translation, distribution or communication to the public of a work in connection with the demonstration or repair of equipment;

(u) the reproduction, distribution or communication to the public of an artistic work in the form of a builidng or a drawing or plan of a building for the purposes of reconstructing the building;

(v) the communication to the public, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph (d) of works and other subject-matter, not subject to purchase or licensing terms, which are contained in their collections;

(w) in the case of a database, the performance of those acts which are normally necessary in order that the licensed user obtains access to the contents of the database and normal use thereof, in respect of the whole or part of the database which the user is licensed to use; and any contractual provisions running counter to what is prescribed in this paragraph shall be null and void.

(2) Copyright in a computer programme shall not include the right to authorize or prohibit:

(a) the observation, the study or testing of the functioning of the program by the licensed user in order to determine the ideas and principles which underlie any element of the program if this is done whilst performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do;

(b) the reproduction by the licensed user of the code and translation of its form where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created computer program with other programs, provided that these acts are confined to the parts of the original program which are necessary to achieve interoperability and the information necessary to achieve interoperability has not previously been readily available to the licensed user: Provided that any information obtained from the reproduction of the code and the translation of the form of a computer program made under this paragraph shall not:

(i) be used for purposes other than to achieve the interoperability of the independently created computer program;

(ii) be given to other persons, except when necessary for the interoperability of the independently created computer program;

(iii) be used for the development, production or marketing of a computer program substantially similar in its expression to the original program or for any other act which infringes copyright;

(c) the making of a copy or a back-up copy, the translation, adaptation, arrangement and any other alteration of a computer program and the reproduction of the results thereof, in so far as this is necessary for the licensed user to make proper use of the program in accordance with its intended purpose, including the correction of errors; and the right of the licensed user to make a back-up copy of a computer program may not be restricted or excluded by contract in so far as it is necessary for the use of that computer program.

(3) The exceptions and limitations provided for in this article shall only be applied in such particular cases which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably rejudice the legitimate interests of the rightholder.