Section 8

the doing of any of the aforesaid acts by way of fair dealing for purposes of research, private use, criticism or review, or the reporting of current events, subject to the condition that if such use is public, it is accompanied by an acknowledgment of the title of the work and its authorship, except where the work is incidentally included in a broadcast;

the doing of any of the aforesaid acts by way of parody, pastiche or caricature;

the inclusion in a film or broadcast of any artistic work situated in a place where it can be viewed by the public;

the reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public;

the incidental inclusion of an artistic work in a film or broadcast;

the inclusion of a work in a broadcast, communication to the public, collection of literary or musical works, sound recording, or film if such inclusion is made by way of illustration for teaching purposes and is compatible with fair practice and provided that mention is made of the source and of the name of the author which appears on the work thus used;

the recording made in schools, universities or educational institutions of a work included in a broadcast intended for such schools, universities or educational institutions;

the making of a sound recording of a literary or musical work, as well as the reproduction of such sound recording by the maker or under licence from him, provided that the copies thereof are intended for retail sale in Malaysia and that such work has already been previously recorded under licence from the owner of the relevant part of the copyright, whether in Malaysia or abroad, subject to such conditions and to the payment of such compensation as the Minister may prescribe;

the reading or recitation in public or in a broadcast by one person of any reasonable extract from a published literary work if accompanied by a sufficient acknowledgment;

any use made of a work by or under the direction or control of the Government, by such public libraries and educational and scientific institutions as may be prescribed, by the National Archives or the State Archives of any State in Malaysia, where such use is in the public interest, is compatible with fair practice and the provisions of regulations, if any, no profit is derived therefrom and no admission fee is charged for the communication, if any, to the public of the work thus used;

the reproduction of a work by or under the direction or control of a broadcasting service where such reproduction or any copies thereof are intended exclusively for a lawful broadcast and are destroyed before the end of the period of six calendar months immediately following the making of the reproduction or such longer period as may be agreed between the broadcasting service and the owner of the relevant part of the copyright in the work:

Provided that any reproduction of a work made under this paragraph may, if it is of an exceptional documentary character, be preserved in the archives of the broadcasting service which are hereby designated official archives for the purpose, but, subject to the provisions of this Act, shall not be used for broadcasting or for any other purpose without the consent of the owner of the relevant part of the copyright in the work;

the broadcasting of a published work with which no licensing body referred to under section 16 of this Act is concerned, subject to the condition that, saving the provisions of this section, the owner of the broadcasting right in the work receives a fair compensation determined, in the absence of agreement, by the competent authority appointed under section 16 of this Act;

the communication to the public of a work, in a place where no admission fee is charged in respect of such communication, by any club whose aim is not profit making;

any use made of a work for the purpose of a judicial proceeding or of any report of any such proceeding;

the making of quotations from a published work if they 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, provided that mention is made of the source and of the name of the author which appears on the work thus used;

the reproduction by the press and the inclusion in a broadcast or a communication to the public of articles published in newspapers or periodicals on current economic, political or religious topics, if such reproduction or inclusion has not been expressly reserved and provided that the source is clearly indicated;

the reproduction by the press, the broadcasting and the communication to the public of lectures, addresses and other works of the same nature which are delivered in public, if such use is justified by the informatory purpose and has not been expressly reserved.

Copyright in a work of architecture shall also include the exclusive right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original:

Provided that the copyright in any such work shall not include the right to control the reconstruction in the same style as the original, of a building to which that copyright relates.

Copyright in a literary, musical or artistic work or in a cinematograph film includes the right of the author, during his lifetime, to claim authorship of the work and to object to any distortion, mutilation or other alteration thereof which would be prejudicial to his honour or reputation:

Provided that, subject to the provisions of the preceding paragraph, an author who authorizes the use of his work in a cinematograph film or a broadcast may not oppose modifications which are absolutely required on technical grounds or for the purpose of exploitation.