Intellectual Property Act 2003 · As enacted · Part II
11. Fair use
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Notwithstanding the provisions of subsection (1) of section 9, the fair use of a work, including such use by reproduction in copies or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, shall not be an infringement of copyright.
The following factors shall be considered in determining whether the use made of a work in any particular case is fair use :—
the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes ;
the nature of the copyrighted work ;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole ; and
the effect of the use upon the potential market for, or value of, the copyrighted work.
The acts of fair use shall include the circumstances specified in section 12.
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