26
Laws of Malaysia
Act 332
(2) Notwithstanding subsection (1), the right of control under
that subsection does not include the right to control—
(a) the doing of any of the acts referred to in subsection (1)
by way of fair dealing including for purposes of research,
private study, criticism, review or the reporting of news
or current events:
Provided that it is accompanied by an acknowledgement
of the title of the work and its authorship, except that
no acknowledgment is required in connection with the
reporting of news or current events by means of a sound
recording, film or broadcast;
(b) the doing of any of the acts referred to in subsection (1)
by way of parody, pastiche or caricature;
(c) the inclusion in a film or broadcast of any artistic work
situated in a place where it can be viewed by the
public;
(d) the reproduction and distribution of copies of any artistic
work permanently situated in a place where it can be
viewed by the public;
(e) the incidental inclusion of a work in an artistic work,
sound recording, film or broadcast;
(f) the inclusion of a work in a broadcast, performance,
showing, or playing 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:
Provided that mention is made of the source and of the
name of the author which appears on the work used;
(ff) any use of a work for the purpose of an examination by
way of setting the questions, communicating the questions
to the candidates or answering the questions:
Provided that a reprographic copy of a musical work
shall not be made for use by an examination candidate
in performing the work;