Intellectual Property Act, No. 36 of 2003 11 (2) No right mentioned in subsection (1) shall be transmissible during the life time of the author, however on the death of the author, the right to exercise any of those rights shall be transmissible by testamentary disposition or by operation of law. (3) The author may waive any of the moral rights mentioned in subsection (1), provided that such a waiver is in writing and clearly specifies the right or rights waived and the circumstances to which the waiver applies : Provided that where any waiver of the rights under paragraph (c) of subsection (1) specifies the nature and extent of the modification or other action in respect of which the right is waived, subsequent to the death of the author, the physical person or legal entity upon whom or which the moral rights have devolved shall have the right to waive the said rights. 11. (1) Notwithstanding the provisions of subsection (1) of section 9, the fair use of a work, including such use by reproduction in copies or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, shall not be an infringement of copyright. (2) The following factors shall be considered in determining whether the use made of a work in any particular case is fair use :— (a) the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes ; (b) the nature of the copyrighted work ; (c) the amount and substantiality of the portion used in relation to the copyrighted work as a whole ; and (d) the effect of the use upon the potential market for, or value of, the copyrighted work. Fair use.