Selected year snapshot
For 2025, the active event in this file is Copyright and Patents Ordinance 1999 (Falkland Islands Ordinance No. 15 of 1999), applying CDPA 1988.
100%
Current rationale
As of 2025, the Copyright and Patents Ordinance 1999 remains the governing copyright legislation in the Falkland Islands. It applies the UK CDPA 1988 to the territory. The most permissive research-relevant exception is the fair dealing provision derived from Section 29 CDPA 1988, which permits fair dealing with a work for the purposes of research (non-commercial) or private study. 'Fair dealing' covers any exclusive right, not only reproduction. It applies to any user and to all categories of authorial works (literary, dramatic, musical, artistic). This maps to GREEN. Note that subsequent UK amendments to the CDPA 1988 (such as the 2014 amendments introducing TDM exceptions in Section 29A) do not automatically extend to the Falkland Islands unless specifically applied by local legislation or Order in Council. No evidence was found that the UK's 2014 TDM exception (s.29A) has been extended to the Falkland Islands. The base fair dealing provision for research and private study (s.29) remains the most permissive applicable exception. Classification-neutral factors (non-commercial restriction, copy limits) were not factored into the color decision.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research for a non-commercial purpose or private study
Library and archive copying provisions permitting librarians to supply copies for research or private study
Reprographic copying by educational establishments
Law changes
Copyright Act 1911 (as extended to the Falkland Islands)
Baseline · Effective 1912-07-01
100%
Relevant section: Section 2(1)(i)
Dates: Effective 1912-07-01 · Enacted 1911-12-16
Why this score
The Copyright Act 1911 was extended to the Falkland Islands as a British colony/territory. Section 2(1)(i) provides a fair dealing exception for 'private study, research, criticism, review, or newspaper summary.' The term 'fair dealing with any work' covers: (1) Uses — 'dealing' is not limited to reproduction and covers any exclusive right; (2) Works — 'any work' means all types of works; (3) Users — there is no restriction to particular classes of users; any person may invoke fair dealing. 'Research' and 'private study' are listed as separate purposes. The non-commercial restriction is not present in the 1911 Act text. This maps to GREEN. Classification-neutral factors (copy limits, remuneration, lawful access) were not considered in the color assignment.
Exceptions considered
Fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary
Original text
The following acts shall not constitute an infringement of copyright:— (i) Any fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary;
Source links
Copyright and Patents Ordinance 1999 (Falkland Islands Ordinance No. 15 of 1999)
Relevant update · Effective 1999-01-01
100%
Relevant section: Sections applying CDPA 1988 Part I Chapter III (ss. 28–76)
Dates: Effective 1999-01-01 · Enacted 1999-01-01
Why this score
The Falkland Islands enacted the Copyright and Patents Ordinance 1999 (No. 15 of 1999), which applied the provisions of the UK Copyright, Designs and Patents Act 1988 (CDPA 1988) to the Falkland Islands, with modifications. The CDPA 1988 Part I Chapter III contains the exceptions and limitations to copyright, including: Section 29 — fair dealing for research and private study (covering reproduction of any work for non-commercial research or private study); Section 30 — fair dealing for criticism, review, and news reporting; Section 36–44 — library and educational exceptions. Under Section 29 CDPA 1988 as applied, 'fair dealing with a literary, dramatic, musical or artistic work for the purposes of research for a non-commercial purpose does not infringe any copyright in the work' and 'fair dealing with a work... for the purposes of private study does not infringe any copyright in the work.' The term 'fair dealing' covers any exclusive right (not limited to reproduction). The exception applies to any user. It covers literary, dramatic, musical and artistic works — which is the full range of authorial works. This maps to GREEN. The non-commercial restriction on research is a classification-neutral factor. The full verbatim text could not be extracted because the legislation.gov.fk portal returned an error when attempting to access the ordinance text.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research for a non-commercial purpose or private study
Library and archive copying provisions permitting librarians to supply copies of articles and parts of works for research or private study
Reprographic copying by educational establishments for instruction purposes
Source links
Copyright and Patents Ordinance 1999 (Falkland Islands Ordinance No. 15 of 1999), applying CDPA 1988
Current law confirmation · Effective 1999-01-01
100%
Relevant section: Section 29 (CDPA 1988 as applied to the Falkland Islands)
Dates: Effective 1999-01-01 · Enacted 1999-01-01
Why this score
As of 2025, the Copyright and Patents Ordinance 1999 remains the governing copyright legislation in the Falkland Islands. It applies the UK CDPA 1988 to the territory. The most permissive research-relevant exception is the fair dealing provision derived from Section 29 CDPA 1988, which permits fair dealing with a work for the purposes of research (non-commercial) or private study. 'Fair dealing' covers any exclusive right, not only reproduction. It applies to any user and to all categories of authorial works (literary, dramatic, musical, artistic). This maps to GREEN. Note that subsequent UK amendments to the CDPA 1988 (such as the 2014 amendments introducing TDM exceptions in Section 29A) do not automatically extend to the Falkland Islands unless specifically applied by local legislation or Order in Council. No evidence was found that the UK's 2014 TDM exception (s.29A) has been extended to the Falkland Islands. The base fair dealing provision for research and private study (s.29) remains the most permissive applicable exception. Classification-neutral factors (non-commercial restriction, copy limits) were not factored into the color decision.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research for a non-commercial purpose or private study
Library and archive copying provisions permitting librarians to supply copies for research or private study
Reprographic copying by educational establishments