12.1.11 The CA has several provisions permitting certain acts which do not constitute copyright infringements. These acts are intended to strike a fair balance between the interest of copyright owners and the public interest. They include acts (popularly known as “fair dealings”) for the purposes of research and study, criticism or review, and reporting current events.
To constitute fair dealing for research and study, not more than an article in a periodical or a reasonable proportion of a work (generally, 10% of the pages or a chapter) is to be taken, and the court is also to have regard to such factors as the nature of the work, the amount and substantiality of the part of the work that was copied in relation to the whole work as well as the effect on the potential market. In respect of fair dealing for criticism or review, or for reporting current events, there must also be a sufficient acknowledgement of the work.