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Guernsey

Copyright (Bailiwick of Guernsey) Ordinance, 2005.

Selected year snapshot

For 2000, the active event in this file is Baseline.

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Current rationale

Guernsey did not have its own comprehensive copyright statute in force on 1990-01-01. Before the Copyright (Bailiwick of Guernsey) Ordinance, 2005, copyright in Guernsey was governed by the extension of UK copyright legislation (principally the UK Copyright Act 1956, as extended to Guernsey by Order in Council). The exact text of the UK Copyright Act 1956 as applied to Guernsey, and any modifications made by the extending Order in Council, could not be verified via web search of official Guernsey legal resources. The UK Copyright Act 1956 contained a fair dealing exception for research or private study (section 6), but I cannot confirm the precise text as it applied in Guernsey on 1990-01-01. Therefore the baseline is marked AMBIGUOUS due to inability to verify the actual statutory text in force in Guernsey at that date.

Exceptions considered

Unknown (UK Copyright Act 1956, s.6 as extended)?Fair DealingMost permissive

Fair dealing for purposes of research or private study โ€” presumed to have been extended to Guernsey by Order in Council, but text not verified

Law changes

Baseline

Baseline ยท Effective 1990-01-01

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Dates: Effective 1990-01-01

Why this score

Guernsey did not have its own comprehensive copyright statute in force on 1990-01-01. Before the Copyright (Bailiwick of Guernsey) Ordinance, 2005, copyright in Guernsey was governed by the extension of UK copyright legislation (principally the UK Copyright Act 1956, as extended to Guernsey by Order in Council). The exact text of the UK Copyright Act 1956 as applied to Guernsey, and any modifications made by the extending Order in Council, could not be verified via web search of official Guernsey legal resources. The UK Copyright Act 1956 contained a fair dealing exception for research or private study (section 6), but I cannot confirm the precise text as it applied in Guernsey on 1990-01-01. Therefore the baseline is marked AMBIGUOUS due to inability to verify the actual statutory text in force in Guernsey at that date.

Exceptions considered

Unknown (UK Copyright Act 1956, s.6 as extended)?Fair DealingMost permissive

Fair dealing for purposes of research or private study โ€” presumed to have been extended to Guernsey by Order in Council, but text not verified

Copyright (Bailiwick of Guernsey) Ordinance, 2005

Relevant update ยท Effective 2005-09-08

100%

Relevant section: Sections 34, 35, 36

Dates: Effective 2005-09-08 ยท Enacted 2005-09-08

Why this score

The Copyright (Bailiwick of Guernsey) Ordinance, 2005 introduced Guernsey's own comprehensive copyright law, closely modelled on the UK Copyright, Designs and Patents Act 1988. Section 34 provides a fair dealing exception for the purpose of research and private study. Section 36 provides a fair dealing exception in relation to works for any other purpose (a broader fair dealing provision not found in UK law). The term 'fair dealing' in UK-style copyright law covers any act restricted by copyright (not only reproduction), meaning it encompasses reproduction, communication, and other exclusive rights. The exception applies to all types of works and is not restricted to specific user classes or institutions. Under the classification rules, 'fair dealing with a work for the purposes of research or private study' โ€” open to any user, any work, and covering any exclusive right โ€” qualifies as GREEN. The non-commercial restriction commonly found in such provisions is classification-neutral. Additionally, sections 33 (temporary copies), 37 (incidental inclusion), 38 (single accessible copy for personal use), and 39 (multiple copies for visually impaired persons) provide further exceptions, but section 34 is the most permissive for research purposes. Section 36 (fair dealing for any other purpose) is also potentially very broad but section 34 alone suffices for GREEN classification.

Exceptions considered

Section 34100%Fair DealingMost permissive

Fair dealing for the purpose of research and private study โ€” covers any dealing with a work, any user, any work type

Section 36100%Fair Dealing

Fair dealing in relation to works for any other purpose โ€” a broad fair dealing provision covering purposes beyond research, criticism, and news reporting

Section 3380%Other

Making of temporary copies โ€” permits transient or incidental copies that are an integral part of a technological process

Section 35100%Fair Dealing

Fair dealing for the purpose of criticism, review and news reporting

Section 3780%Other

Incidental inclusion of copyright material

Section 3860%Private Use

Making a single accessible copy for personal use

Original text

Source links

Copyright (Bailiwick of Guernsey) Ordinance, 2005

Current law confirmation ยท Effective 2025-01-01

100%

Relevant section: Sections 34, 35, 36

Dates: Effective 2025-01-01

Why this score

As of 2025, the Copyright (Bailiwick of Guernsey) Ordinance, 2005 remains the principal copyright legislation in force in Guernsey. No subsequent amendment affecting the fair dealing provisions (sections 34, 35, 36) was identified via web search. Section 34 provides fair dealing for the purpose of research and private study. This is a UK-style fair dealing provision that covers 'dealing' with a work (i.e., any act restricted by copyright, including reproduction and communication) for research or private study purposes, open to any user and applicable to all types of works. Section 36 provides an additional broad fair dealing exception for any other purpose. These provisions together support a GREEN classification: full-work reproduction and sharing are permitted under fair dealing for research, for any user, for any type of work. Classification-neutral factors (non-commercial restriction, proportionality/fairness requirement) were not factored into the color decision. No TDM-specific exception exists in Guernsey law, but the broad fair dealing provisions would cover TDM activities as a form of research use.

Exceptions considered

Section 34100%Fair DealingMost permissive

Fair dealing for the purpose of research and private study โ€” covers any dealing with a work, any user, any work type

Section 36100%Fair Dealing

Fair dealing in relation to works for any other purpose โ€” broad fair dealing provision

Section 3380%Other

Making of temporary copies

Section 35100%Fair Dealing

Fair dealing for the purpose of criticism, review and news reporting

Section 3780%Other

Incidental inclusion of copyright material

Section 3860%Private Use

Making a single accessible copy for personal use

Original text

Source links