Selected year snapshot
For 2023, the active event in this file is Copyright and Designs Act 2004.
100%
Current rationale
The Copyright and Designs Act 2004 replaced the UK Copyright Act 1956 as applied to Bermuda. Section 46(1) provides a fair dealing exception for research or private study covering literary, dramatic, musical, and artistic works. The term 'fair dealing' covers any act restricted by copyright (not limited to reproduction), and the exception is open to any user — there is no 'private or personal' qualifier on the research purpose itself. Section 46(3) limits third-party copying but does not restrict the researcher's own fair dealing. Section 47 provides fair dealing for criticism, review, and news reporting. Sections 52-53 provide library copying provisions. The most permissive exception is Section 46(1), which is a classic fair dealing for research clause open to any user, any dealing, covering literary/dramatic/musical/artistic works and typographical arrangements. This maps to GREEN. Non-commercial restrictions and copy-number limits are classification-neutral.
Exceptions considered
Fair dealing with literary, dramatic, musical or artistic works and typographical arrangements for research or private study — no infringement
Fair dealing for criticism, review and news reporting
Incidental inclusion of copyright material
Library copying of articles in periodicals and parts of published works for research/private study users
Visual impairment provisions — making accessible copies
Law changes
Copyright Act 1956 (UK), as extended to Bermuda
Baseline · Effective 1990-01-01
100%
Relevant section: Section 6 (fair dealing for research or private study)
Dates: Effective 1990-01-01
Why this score
As of 1990-01-01, Bermuda's copyright law was governed by the UK Copyright Act 1956, which had been extended to Bermuda by Order in Council. Section 6(1) of the 1956 Act provided that 'No fair dealing with a literary, dramatic or musical work for purposes of research or private study shall constitute an infringement of the copyright in the work.' This is a fair dealing clause open to any user, covering any act of dealing (not limited to reproduction), for research or private study. The term 'dealing' covers any exclusive right. This applies to literary, dramatic, and musical works. Section 9(1) provided a similar fair dealing provision for artistic works. These provisions are open to all users and cover full works. The use of 'fair dealing' (not limited to reproduction) and the absence of a 'private or personal' qualifier on the research purpose supports GREEN classification. Non-commercial restrictions are classification-neutral.
Exceptions considered
Fair dealing with a literary, dramatic or musical work for purposes of research or private study — no infringement
Fair dealing with an artistic work for purposes of research or private study — no infringement
Copyright and Designs Act 2004
Relevant update · Effective 2004-07-01
100%
Relevant section: Section 46 (Research and private study)
Dates: Effective 2004-07-01 · Enacted 2004-03-05
Why this score
The Copyright and Designs Act 2004 replaced the UK Copyright Act 1956 as applied to Bermuda. Section 46(1) provides a fair dealing exception for research or private study covering literary, dramatic, musical, and artistic works. The term 'fair dealing' covers any act restricted by copyright (not limited to reproduction), and the exception is open to any user — there is no 'private or personal' qualifier on the research purpose itself. Section 46(3) limits third-party copying but does not restrict the researcher's own fair dealing. Section 47 provides fair dealing for criticism, review, and news reporting. Sections 52-53 provide library copying provisions. The most permissive exception is Section 46(1), which is a classic fair dealing for research clause open to any user, any dealing, covering literary/dramatic/musical/artistic works and typographical arrangements. This maps to GREEN. Non-commercial restrictions and copy-number limits are classification-neutral.
Exceptions considered
Fair dealing with literary, dramatic, musical or artistic works and typographical arrangements for research or private study — no infringement
Fair dealing for criticism, review and news reporting
Incidental inclusion of copyright material
Library copying of articles in periodicals and parts of published works for research/private study users
Visual impairment provisions — making accessible copies
Original text
46 Research and private study (1) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. (2) Fair dealing with the typographical arrangement of a published edition for the purposes mentioned in subsection (1) does not infringe any copyright in the arrangement. (3) Copying by a person other than the researcher or student himself is not fair dealing if— (a) in the case of a librarian, or a person acting on behalf of a librarian, he does anything which regulations under section 52 would not permit to be done under section 52 or 53 (articles in periodicals, parts of published works: restriction on multiple copies of same material), or (b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.
Source links
Copyright and Designs Act 2004
Current law confirmation · Effective 2025-03-08
100%
Relevant section: Section 46 (Research and private study)
Dates: Effective 2025-03-08
Why this score
As of 2025, the Copyright and Designs Act 2004 remains in force in Bermuda. Section 46(1) provides fair dealing for research or private study covering literary, dramatic, musical, and artistic works, open to any user. 'Fair dealing' covers any act restricted by copyright, not limited to reproduction. The exception is not qualified by 'private or personal' — research is listed as an independent purpose alongside private study. No TDM-specific exception exists. The most permissive exception remains Section 46(1), which maps to GREEN. No amendments narrowing or broadening this provision were identified through web search. Classification-neutral factors (non-commercial restrictions, copy limits, lawful access requirements) were not factored into the color decision. No sound recording or film-specific fair dealing for research was identified, but the coverage of literary, dramatic, musical, and artistic works is broad. The fair dealing exception for research is the determining provision.
Exceptions considered
Fair dealing with literary, dramatic, musical or artistic works and typographical arrangements for research or private study — no infringement
Fair dealing for criticism, review and news reporting
Incidental inclusion of copyright material
Library copying of articles in periodicals and parts of published works for users engaged in research/private study
Visual impairment provisions — making accessible copies for personal use or multiple copies for visually impaired persons
Original text
46 Research and private study (1) Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research or private study does not infringe any copyright in the work or, in the case of a published edition, in the typographical arrangement. (2) Fair dealing with the typographical arrangement of a published edition for the purposes mentioned in subsection (1) does not infringe any copyright in the arrangement. (3) Copying by a person other than the researcher or student himself is not fair dealing if— (a) in the case of a librarian, or a person acting on behalf of a librarian, he does anything which regulations under section 52 would not permit to be done under section 52 or 53 (articles in periodicals, parts of published works: restriction on multiple copies of same material), or (b) in any other case, the person doing the copying knows or has reason to believe that it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose.