90 F Clouds
Monday, Jul 22 2024, 02:23 PM
Close Ad
Back To Listing

Copyright: Fair dealing and exceptions

CIIPO 07 Dec, 2017 Follow News

Copyright: Fair dealing and exceptions


By Candace Westby, TM Examiner



A copyright owner is the ONLY per-son who can adapt their work; make copies and distribute them; perform, broadcast or play the work in public; put it on the inter-net; or lend copies. It’s illegal for anyone else to do these things without the copyright owner’s per-mission.


But like other copyright laws around the world, Cayman’s Copy-right Law lists exceptions to these rules. Known as ‘fair dealing’, the exceptions allow the use of copy-right-protected works without the permission of the rights holder, for specific purposes.



In the Cayman law, some excep-tions are:


• Personal copying for private use


• Non-commercial research and private study


• Text and data mining for non-commercial research


• Criticising, reviewing and re-porting current events


• Educational use by schools, uni-versities or other educational estab-lishments


• Helping disabled people by making a braille copy


• Time shifting, by recording TV to privately view later


• Use for parody, caricature and pastiche


• Use by libraries, archives and public administrations


• Making backup copies, decompi-lation, observing, testing and study-ing, and correcting computer pro-gramme errors


• Any acts necessary to access the contents of a database


• Using a design to make a product


• Creating backup copies of eBooks when originals are no longer usable


• Making notes or recordings for purpose of recording current events


• Publicly reciting a reasonable ex-tract from a published literary or dramatic work


• Using abstracts of scientific and technical articles


• When it’s difficult to identify au-thors or to ascertain if the copyright has expired.



To help determine if your use of cop-yright-protected works without permission consti-tutes fair dealing, ask yourself:


• Is the amount copied reasonable and appropriate, or does the copied portion con-stitute a significant part of the work? Was it necessary to copy that amount?

For example, if the conclusion of the work is one page, it may not be con-sidered fair for you to copy that en-tire page. This would be based upon the amount and substantiality of the portion taken.


• What is the nature or purpose for copying the work?

Are you in college, or reporting cur-rent events? If your reason for copying does not fall under the previous-ly listed exceptions, you may be guilty of infringement.


• Does copying this work deprive the copyright owner of income?

If your use of the work ends up caus-ing the owner to lose revenue, this would not be considered fair.


While these factors will vary from case to case, it’s worth considering them when planning to use copy-right-protected works without the owner’s permission. So keep these things in mind as you get creating, Cay-man!



CIIPO is a unit under General Registry
To learn more about intellectual property, visit www.ciipo.gov.ky or email : info@ciipo.gov.ky

Comments (0)

We appreciate your feedback. You can comment here with your pseudonym or real name. You can leave a comment with or without entering an email address. All comments will be reviewed before they are published.

* Denotes Required Inputs