Sections 12(1) - (7) of the Copyright Act are exceptions to copyright infringement derived from Articles 2bis(2), 9(2), 10(1), 10(2), 10bis(1) and 13(1) of the Berne Convention. They describe situations which are in the view of the legislature such that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author. In Section 12(1) there is the added qualification that the work must be a "fair dealing". This provision enables the court to exercise a further discretion to ensure that the conduct in question does not conflict with the normal exploitation of the work or unreasonably prejudice the legitimate interests of the author.
Section 12(9) merely clarifies that the aforegoing exceptions apply to an adaptation of a work in the same way as they apply to the work itself. Section 12(11) gives effect to the same principle.
It is submitted that Sections 12(9) and 12(11) are not at variance with the cited provisions of Berne and TRIPS.
