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Furthermore, by taking "a liberal approach to the enumerated purposes of the dealing", the Court has made fair dealing more flexible, reducing the gap between this provision and US fair use. [14] It then establishes six principal criteria for evaluating fair dealing. The purpose of the dealing.
Fair Use Week is an international event that celebrates fair use and fair dealing. [82] Fair Use Week was first proposed on a Fair Use Allies mailing list, which was an outgrowth of the Library Code of Best Practices Capstone Event, celebrating the development and promulgation of ARL 's Code of Best Practices in Fair Use for Academic and ...
Fair use, in relation to fair dealing, has been described as the "fairest" system as it shifts the entire analysis to the fairness of the dealing, rather than a two-stage analysis requiring an initial permissible purpose before moving to a second-stage consideration of fairness.
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 ...
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 ...
The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. Those factors are: the purpose and character of one's use; the nature of the copyrighted work; what amount and proportion of the whole work was taken;
Well known limitations and exceptions include fair dealing in the UK and Canada, as well as the fair use doctrine in the US. The undermining of copyright law, and in particular limitations and exceptions to copyright by contract law is an issue frequently raised by libraries, and library groups such as International Federation of Library ...
The Supreme Court was the source of a number of concepts in the field, including fair use, the idea-expression divide, the useful articles or separability doctrine, and the uncopyrightability of federal documents.