Sri Lanka Consolidated Acts

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Code Of Intellectual Property Act (No. 52 of 1979) - Sect 13

Fair use

13. Notwithstanding the provisions of section 10, the following uses of a protected work, either in the original languages or in translation, shall be permissible without the author's consent-
(a) in the case of any work that has been lawfully published-
(i) the reproduction, translation, adaptation, arrangement or other transformation of such work exclusively for the user's own personal and private use;
(ii) the inclusion, subject to mention of the source and the name of the author, of quotations from such work in another work, provided that such quotations are compatible with fair practice and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries ;
(iii) the utilization of the work by way of illustration in publications, broadcasts or sound or visual recordings for teaching to the 'extent justified by the purpose, or the communication for teaching purposes of the work broadcast or televised for use in schools, education, universities and professional training:
(b) in the case of any article published in newspapers or periodicals on current economic, political or religious topics, and in the case of any broadcast or televised work of the same character, the re- production of such article or such work in the press, or the communication of it to the public, unless the said article when first published, or the said broad- cast or televised work when broadcast or televised, was accompanied by an express condition prohibiting such use, and that the source of the work when used in the said manner is clearly indicated;
(c) for the purposes of reporting on a current event by means of photography, cinematography or communication to the public, the reproduction or making available to the public, to the extent justified by the informatory purpose of any work that can be seen or heard in the course of the said current event;
(d) the reproduction of works of art and of architecture in a film or television broadcast, and the communication to the public of the works so reproduced, if the said works are permanently located in a place where they can be viewed by the public or are included in the film or television broadcast only by way of background or as incidental to the essential matters represented;
(e) the reproduction, by-sound recording, photographic or similar process, by public libraries, non- commercial documentation centres, scientific institutions and educational establishments of literary, artistic or scientific works which have already been lawfully made available to the public:
(f) the reproduction in the press of-
(i) any political speech delivered in public or any speech delivered during legal proceedings, or
(ii) any lecture, address, sermon or other work of the same nature delivered in public, provided that the use is exclusively for the purposes of current information,


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