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Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use ...
[14] He gave several guidelines for analyzing what is fair or not: The number and extent of the quotations or extracts must be consider. Excess number and length might not be fair. Use as a basis for comment, criticism or review may be fair dealing, but being used to convey the same information as the author, for a rival purpose, may be unfair.
The second stage of the fair dealing analysis requires a determination, with the guidance of six factors from CCH, of whether the use of the previews was fair. As these six factors demonstrated that the use of online previews of musical works was fair, the Court found that the second stage of the test for fair dealing was also satisfied. [17]
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[9] [10] Attempts to extend the copyright term granted by law – for example, by collecting royalties for use of the work after its copyright term has expired and it has passed into the public domain – raise such competition concerns.
The concept of fair dealing allows users to engage in some activities that might otherwise be considered copyright infringement. CCH articulated a two-step test for fair dealing. The first is to determine whether the dealing is for the allowable purpose of "research or private study", "criticism or review", or "news reporting" under the ...