Search results
Results from the WOW.Com Content Network
Simply put, the fair dealing amendment in Section 29 of Bill C-11 expands the first criteria for evaluating fair dealing – the purpose of the dealing – to include education, and parody or satire, in addition to research, private study, criticism and review.
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to ...
Since then, the Canadian fair dealing exception has broadened. It is now similar in effect to U.S. fair use, even though the frameworks are different. [77] CCH Canadian Ltd v. Law Society of Upper Canada [2004] 1 S.C.R. 339,2004 SCC 13 is a landmark Supreme Court of Canada case that establishes the bounds of fair dealing in Canadian copyright law.
The nature of the work refers to the public availability of the work. For example, published v unpublished, or confidential v non-confidential works. Fair dealing applies to both, but at least in the US and UK, it will be more difficult to prove for unpublished works that the dealing was fair. A famous US example is Salinger v.
Furthermore, its emphasis that fair dealing is a user's right that must interpreted liberally, rather than as a narrow exception "to be grudgingly conceded", has been cited as a basis for why either the American open-ended fair use doctrine or an expanded list of enumerated user rights under s.29 should be adopted in Canada. [24]
In Canada, Denning's test for fair dealing was substantially adopted and expanded by the Supreme Court of Canada in CCH Canadian Ltd. v. Law Society of Upper Canada. [8] [9] Chief Justice Beverley McLachlin separated the fair dealing test into six factors based on Denning's judgment: [8] The purpose of the dealing; The character of the dealing
The law does not allow high-cost mortgages to charge prepayment penalties or balloon payments, for example. When a mortgage is classified as high-cost, there are certain requirements that lenders ...
As of 1 October 2014, Section 30A provides for fair dealing as a defence in cases where the infringement was for the purpose of caricature, parody or pastiche. [27] The Intellectual Property Office suggests that a "parody" is something that imitates a work for humorous or satirical effect, a "pastiche" is a composition that is made up of selections from various sources or one that imitates the ...