These exceptions were delayed for further scrutiny and hence did not come into force on 1st June as planned. Both are quite significant for HE. The quotation exception (Copyright, Designs and Patents Act Section 30) is contained in a draft Statutory Instrument which has just been published and is due to come into force on 1st October 2014.
This is a “fair dealing” exception which permits extracts to be reproduced from any copyright work as long as this is fair dealing. That test needs to be considered carefully in each case. It is no longer restricted to “criticism and review” and now covers quotation for any purpose. The amount quoted should be no more that required for that purpose. Useful features of this exception are:
- It applies to quotations from all media, so that it could cover the use of an extract from a film, for example.
- Its use is not tied to a particular context: The quotation could appear in a blog post, an academic presentation or a published book, as long as the use of the quotation can be justified in terms of fair dealing.
The Parody exception, in the form of new section 30A to the CDPA 1988, is entirely new to UK copyright law and is included in the same SI. It gives considerable leeway in terms of reproduction for purposes of caricature, parody and pastiche. This will be significant for creative work. Neither of these exceptions can be over-ridden by contract terms.