s40

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Section 40 of the Copyright Act 1968



GOAL RULE S40(1) PROVIDES an act does not constitute an infringement of the 
copyright in the work ONLY IF an act fairly deals with a literary,
dramatic, musical or artistic work, or with an adaptation of a literary, 
dramatic or musical work for the purpose of research or study 

RULE S40(1A) PROVIDES an act does not constitute an infringement of the
copyright in the work  ONLY IF an act fairly deals with a literary
work (other than lecture notes) AND the act is for the purpose of, or 
associated with, an approved course of study or research by an enrolled
external student of an educational institution.

GOAL RULE s40(3) PROVIDES IF s40(3)(a)applies OR s40(3)(b)applies
THEN a dealing is a fair dealng for research and study.
 
RULE s40(3)(a) PROVIDES s40(3)(a)applies ONLY IF the work which was 
copied comprised an article in a periodical publication AND the whole
or a part of that work was copied.

RULE s40(3)(b) PROVIDES s40(3)(b)applies ONLY IF the work which was 
copied not more than a a reasonable portion of that work was copied.

GOAL RULE s40(4) PROVIDES IF s40(3) does not apply THEN a dealing is not a 
fair dealing for research or study.

RULE s40(4) PROVIDES s40(3) does not apply ONLY IF the work which was 
copied comprised an article in a periodical publication AND another
article in that publication, being an article dealing with a different
subject matter, is also copied.

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