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- (b) the author has previously agreed or directed that his or her name is not to be acknowledged.
Division 2—Fair use
Fair use is permitted use
190.—(1) It is a permitted use of a work to make a fair use of the work.
(2) It is a permitted use of a protected performance to make a fair use of—
- (a) the performance; or
- (b) a recording of the performance.
Relevant matters in deciding whether use is fair
191. Subject to sections 192, 193 and 194, all relevant matters must be considered in deciding whether a work or a protected performance (including a recording of the performance) is fairly used, including—
- (a) the purpose and character of the use, including whether the use is of a commercial nature or is for non-profit educational purposes;
- (b) the nature of the work or performance;
- (c) the amount and substantiality of the portion used in relation to the whole work or performance; and
- (d) the effect of the use upon the potential market for, or value of, the work or performance.
Additional requirement for sufficient acknowledgment where use is for certain purposes
192.—(1) Where a work or a protected performance (including a recording of the performance) is used for the purpose of reporting news, the use is not fair unless—
- (a) the work or performance is sufficiently acknowledged; or
- (b) sufficient acknowledgment is impossible for reasons of practicality or otherwise.
