Previously, the act restricted the defence of fair dealing to non-profit research, private study, criticism, review or the reporting of current event.
Fair dealing could now include other circumstances to be determined in consideration of the following:

i.            The purpose and character of the dealing, including whether it is of a commercial nature or is for non-profit educational purposes

ii.            The nature of the work

iii.            The amount and substantiality of the portion used in relation to the work as a whole

iv.            The effect of the dealing upon the potential market for or value of the work

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