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It requires the dealing to be for one of three purposes: non-commercial research or private study, criticism or review, and reporting of news events. As in Canada, the dealing must be fair and there must be attribution for non-commercial research, criticism/review, and reporting of news events.
With respect to criticism, review, and news reporting, the user must mention the source of the material, along with the name of the author, performer, maker, or broadcaster for the dealing to be fair. Prior to 2011, fair dealing in Canada was not definitely found to contain exceptions for parody (unlike fair use in the United States), but the ...
Fair dealing is to be examined on a case-by-case basis. The purpose of the dealing, character of the dealing, amount of the dealing, alternatives of the dealing, nature of the work and effect of the dealing are factors that can contribute to fair dealing.
Bell Canada with approval for the propositions that: 1) fair dealing enables user to engage in activities that might otherwise amount to copyright infringement, [19] 2) that fair dealing is a user's right and the relevant perspective at the first stage of the test is that of the user, [20] and 3) that the "amount" factor is not a quantitative ...
The fair dealing exceptions were characterized as a user right, and must be balanced against the rights of copyright owners. [19] When claiming "fair dealing" the defendant must show that 1) the dealing was for the purpose of either research or private study and that 2) it was fair. [20]
CCH Canadian Ltd v Law Society of Upper Canada, [17] expanded upon that, with the Supreme Court of Canada holding that fair dealing, as well as related exceptions, is a user’s right. In order to maintain the proper balance between the rights of copyright owners and user’s interest, it must not be interpreted restrictively. [ 18 ]
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Moral rights in Canada can be traced back to a 1915 amendment of the Criminal Code. The amendment created a criminal offence to change a copyrighted dramatic, operatic or musical work that was to be publicly performed for profit or to suppress its title or authorship without the author's consent. [ 2 ]