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Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this ...
In order to maintain the proper balance between the rights of a copyright owner and users' interests, it must not be interpreted restrictively. 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]
The fair dealing right is a flexible standard that turns on a balancing test to determine what is a "fair" dealing. Unlike some fair dealing and fair use rights, [18] the factors determining what is a "fair" dealing is not defined in the Act. South African courts, however, have generally applied the same four factors as provided in the U.S ...
The scope of copyright limitations and exceptions became a subject of societal and political debate within various nations in the late 1990s and early 2000s, largely due to the impact of digital technology, the changes in national copyright legislations for compliance with TRIPS, and the enactment of anti-circumvention rules in response to the ...
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by ...
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Moral rights are concerned with the non-economic rights of a creator. They protect the creator's connection with a work as well as the integrity of the work.
Differences between patent and copyright defined also prohibits a license from extending rightsholders' rights beyond statute. ... It is a fair use for libraries to ...
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