(f) any work that can be seen or heard is reproduced or communicated to the
public by means of photograph, audio-visual work or broadcast to the
extent justified for the purpose when reporting on current events;
(g) any work of art or architecture in a photograph or an audio-visual or
television broadcast is reproduced and communicated to the public where
the work is permanently located in a public place or is included by way
of background or is otherwise incidental to the main object represented in
the photograph or audio-visual work or television broadcast;
(h) for the purposes of current information, a reproduction in the press,
broadcast or communication to the public is made to—
(i) a political speech or a speech delivered during any judicial
proceeding; or
(ii) an address, lecture, sermon or other work of a similar nature
delivered in public;
(i) for the purpose of a judicial proceeding, work is reproduced;
(j) subject to conditions prescribed by the Minister, a reproduction of a literary,
artistic or scientific work by a public library, a non-commercial
documentation centre, a scientific institution or an educational institute if
the reproduction and the copies made—
(i) do not conflict with the normal exploitation of the work reproduced;
(ii) do not unreasonably affect the right of the author in the work; and
(k) any work is transcribed into braille or sign language for educational purpose
of persons with disabilities.
(2) In determining whether the use made of a work in any particular case is a
fair use the following factors shall be considered—
(a) the purpose and character of the use, including whether the use is of a
commercial nature or is for non-profit educational purposes;
(b) the nature of the protected work;
(c) the amount and substantiality of the portion used in relation to the protected
work as a whole; and
(d) the effect of the use upon the potential market for value of the protected
work.
(3) The fact that a piece of work is not published shall not of itself prejudice the
requirement of fair use in accordance with subsection(2).
16. Ephemeral recording
(1) A broadcasting company may, for the purpose of its own broadcast and by
means of its own facilities, make an ephemeral recording of the broadcast, in one
or several copies of any work which it is authorised to broadcast.