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fair dealing, copyright law

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Subject-Keyword: fair dealing copyright law

Type of item: Conference-workshop Presentation

Language: English



Description: Presentation made during the opening panel of Fair Dealing Week 2017 events hosted by the University of Alberta Copyright Office.

Date created: February 21, 2017

DOI: doi:10.7939-R35X25Q99

License information: Attribution-NonCommercial 4.0 International


Author: Hutchison, Cameron

Source: https://era.library.ualberta.ca/


The Connotation of “Fair” • Just, impartial, good faith, honest, free from discrimination • “The defendant held the ‘Bibendum’ up to ridicule.
Rather than the cuddly marshmallow creature of safety and responsibility, ‘Bibendum’ became the boss’s henchman about to stomp two workers into submission” (Michelin FC 1997). • Respecting the legitimate interests of the copyright holder in light of competing interests underlying copyright protection (i.e.
author v. user rights) • There are other kinds of expression or endeavors we want to encourage that might build on the borrowing or use of prior works • Not unfairly undercut the monopoly for the created work in proportion to that new expression or a recognized use Supreme Court Interpretation • A user right • Not a mere exception • Affirms the balancing of interests implied in “fair” • Two stages • Does the use fit an enumerated purpose, i.e.
research, private study, education, criticism or review, news reporting satire, parody? • Is the dealing “fair”, i.e.
the six step factor analysis? The Purpose • Enumerated purposes interpreted broadly • Large and liberal interpretation: CCH • Not limited to non-commercial uses: CCH • Research “can be piecemeal, informal, exploratory, or confirmatory”: Bell • Understood holistically from end user perspective: Bell and Alberta Education • Distinguishing a legitimate purpose from mere appropriation: (Favreau) Fairness: 6 Factors to Consider 1.
Purpose of the Dealing 2.
Character of the Dealing 3.
Amount of the Dealing 4.
Alternatives to the Dealing 5.
Nature of the work 6.
Effect on the dealing 1.
Purpose • Real purpose or motive in using the work or dual purpose • Reasonable safeguards to ensure only legitimate use, e.g. photocopy of a book chapter as opposed to a digital copy better ensures against improper use • More specific goal of the dealing, e.g.
commercial v. noncommercial • Non commercial u...

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