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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 price concerns the terms of the deal. To determine whether there was a fair price, all relevant factors that may affect a company's stock value are considered. The Court also dismissed the relevance of the need for defendants to satisfy the business purpose test.
Use-value as an aspect of the commodity coincides with the physical palpable existence of the commodity. Wheat, for example, is a distinct use-value differing from the use-values of cotton, glass, paper, etc. A use-value has value only in use, and is realized only in the process of consumption. One and the same use-value can be used in various ...
The concept of user rights has been recognised by courts, including the Canadian Supreme Court, [2] which classed "fair dealing" as such a user right. These kinds of disagreements in philosophy are quite common in the philosophy of copyright , where debates about jurisprudential reasoning tend to act as proxies for more substantial ...
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 ...
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 listserv, 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 Research ...
The second step assesses whether the dealing is "fair". A number of fairness factors are used to help courts determine if the dealing is "fair": the purpose, character, and amount of the dealing; the existence of any alternatives to the dealing; the nature of the work; and the effect of the dealing on the work.
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]