The CDPA 1988 provides for exceptions to copyright infringement and “fair dealing” is one of those exceptions.  It should not be confused with “fair use” which is the US equivalent.  In the UK, fair dealing in the context of photography, is the use of photographs for a non-commercial purpose by a researcher or student engaged in private study; or for the purpose of criticism or review made publicly available; and provided that it is accompanied by a sufficient acknowledgement, does not infringe copyright. The exception does not apply when a photograph is used for the purpose of reporting current events.

In the USA, “fair use” in the context of photography is the use of photographs “for purposes such as criticism, comment, news reporting, teaching, scholarship or research is not an infringement of copyright.”  There are four factors which determine whether the use is fair or not which a court will apply and copyright infringers in the USA will often quote “fair use” as a first line of defence when confronted, therefore it is recommended the photographer seek legal advice before responding.