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