你要是真的想较这个真
Copyrights Act s 35(2)
(2) For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of copying the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for any purpose other than a purpose referred to in section 36 or 37 shall include —
(a) the purpose and character of the dealing, including whether such dealing is of a commercial nature or is for non-profit educational purposes;
(b) the nature of the work or adaptation;
(c) the amount and substantiality of the part copied taken in relation to the whole work or adaptation;
(d) the effect of the dealing upon the potential market for, or value of, the work or adaptation; and
(e) the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price.
法律只有规定说,是否商业行为是是否属于fair dealing的考虑因素“之一”。从来在没有说凡是用于商业行为的适用他们版权的行为都不可作为fair dealing。
两分法害死人。这句话我以前说过,以后还会不断的说。