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Unit Standard No.12164Page 22

14. Copyright

Copyright gives the owner of copyright the sole right to exploit the work commercially for a set period of time.  For there to be infringement of copyright, there has to be actual copying. This does not mean that it has to be a "carbon copy" of the original; it also refers to reproduction (eg converting a literary work into a movie) or adaptation (eg translating a literary work).  For infringement to take place, the copying must have been done of a substantial portion of the work (eg a small but extremely important part of it, or alternatively a large quantity of material is used).

In terms of the Copyright Act, there are exemptions from infringement. Some of these are:

a)Using work for the purposes of private research or study

b)Use for criticism or review of the work (the source ie the work concerned, as well as the name of the author must be provided)

c)Use for reporting current events in a newspaper, magazine or similar periodical, or by means of a broadcast or cinema film (again the source and the name of the author must be mentioned)

d)Use for quotation. Quotations may be made from all categories of works (except artistic works) provided that

-the work must be lawfully available to the public

-the quotation must be compatible with fair practice (eg not used out of context)

-the extent of the quotation must not be excessive, bearing in mind the purpose to be served by the quotation

-the source of the quotation and the author's name must be mentioned

e)Use for teaching (ie any teaching situation which includes private lessons). The following provisions must be complied with:

-the work should not be the sole or primary means of instruction, and should be used by way of illustration

-the use must be compatible with fair practice (eg not used out of context)

-the source and the author's name must be mentioned

f)The following official texts and news enjoy very limited copyright:

-official texts of a legislative, administrative or legal nature

-political speeches

-news of the day which is only an item of press information.

INSMAT final materials31/10/03

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