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Topic: Fair dealing


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  Fair dealing - Wikipedia, the free encyclopedia
Fair dealing is a doctrine of limitations and exceptions to copyright which is found in many of the common law jurisdictions of the Commonwealth of Nations.
Fair dealing is an enumerated set of possible defenses against an action for infringement of an exclusive right of copyright.
Under the provisions for "fair dealing" in the Copyright Act, Chapter 63 of Singapore Statutes, a certain amount of copying for legitimate purposes, such as for the purpose of research or education, is permissible as long as it is a "fair dealing".
en.wikipedia.org /wiki/Fair_dealing   (1743 words)

  
 Fair Use - Wikipedia, the free encyclopedia
The fair use doctrine is an aspect of United States copyright law that provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.
The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions.
Fair use tempers copyright's exclusive rights to serve the purpose of copyright law, which the U.S. Constitution defines as the promotion of "the Progress of Science and useful Arts" (I.1.8).
en.wikipedia.org /wiki/Fair_use   (3684 words)

  
 COPYING ELECTRONICALLY FAIRLY OR UNFAIRLY ?   (Site not responding. Last check: 2007-11-07)
Printing onto paper of one copy of part of an electronic publication should be considered fair dealing if done by an individual or by a librarian at the request of an individual for the purpose of research or private study.
Copying onto disk of all of an electronic publication is not fair dealing and the permission of the rightsholder should be sought in all cases.
Transmission by computer network of all of an electronic publication is not fair dealing and the permission of the rightsholder should be sought in all cases.
www.ukoln.ac.uk /services/elib/papers/pa/licence/fairnote.html   (302 words)

  
 Levels of Permission
It is fair dealing for an individual to copy onto disk part of an electronic publication for permanent local electronic storage, where the disk is either a portable medium, [5] or a fixed medium [6] accessible to only one user at a time.
It is fair dealing for a librarian to copy onto disk part of an electronic publication for an individual at their request for permanent local electronic storage by the individual, where the disk is a portable medium[8].
It is not fair dealing for a librarian to copy onto disk all of an electronic publication for an individual at their request for permanent local electronic storage by the individual.
www.ukoln.ac.uk /services/elib/papers/pa/fair/intro.html   (5103 words)

  
 UNE Copyright Pages Fair Dealing
Fair dealing provisions cover (personal) research or study, criticism or review, reporting the news and for purposes related to judicial proceedings.
A fair dealing with works and radio and television broadcasts does not constitute an infringement of copyright if it is for the purpose of research or study.
A fair dealing with works and radio and television broadcasts does not infringe copyright in the work if it is for the purpose of criticism or review, whether of that work or another work, provided there is sufficient acknowledgment of the work copied.
www.une.edu.au /copyright/fair.htm   (1020 words)

  
 Fair Dealing, or Fair Use
Under the fair dealing provisions you may copy a reasonable portion of literary, dramatic and printed musical works for the purpose of study or research.
For such a dealing to be fair, it must satisfy the requirements of the five fairness factors listed in the Copyright Act.
As you can see, the fair dealing provisions are quite complex, and should only be relied upon if you are confident that the copying you wish to do is allowable under the fair dealing provisions.
www.gu.edu.au /text/ins/copyright/content_fair_dealing.html   (675 words)

  
 University of Alberta Libraries
Fair dealing balances the rights of creators with the needs of users, such as students and researchers, who require access to copyright material to pursue their studies.
Fair dealing with a work does not require the permission of the copyright owner or the payment of royalties.
Fair dealing applies to photocopying as well as other methods of reproduction --- including the making of slides, microfiche, or transparencies as well as to faxes and other methods of electronic transmission.
www.library.ualberta.ca /copyright/copyingright/index.cfm   (1668 words)

  
 Chapter 6 Fair dealing: the Committee's proposal   (Site not responding. Last check: 2007-11-07)
Much of the present complexity in the fair dealing provisions and the miscellany of other provisions and schemes that provide for exceptions to copyright owners' exclusive rights is due to the fact that they operate on the basis of a particular technology or in relation to dealings with copyright materials in a particular material form.
Such a dealing would otherwise be an infringement of the copyright owner's right of reproduction in the literary work, in addition to an infringement of the proposed right of communication to the public (once such a right is introduced), unless it constituted a `fair dealing' under the proposed fair dealing model (see paragraph 6.143).
A fair dealing with a literary work (other than lecture notes) does not constitute an infringement of the copyright in the work if it is for the purpose of, or associated with, an approved course of study or research by an enrolled external student of an educational institution.
www.ema.gov.au /clr/chapter6.html   (14390 words)

  
 Fair dealing and moral rights - Leeds University Library
"Fair dealing" means the right granted by copyright laws to reproduce limited portions of copyrighted works without infringing the legitimate interest of the authors or copyright owners.
A certain amount of copying is allowed under "fair dealing" for purposes of "non-commercial research or private study".
Fair dealing does not cover multiple copying of extracts or articles, this must be done under the CLA Photocopying Licence, or with the permission of the rights-owner.
www.leeds.ac.uk /library/rights/copyright.htm   (566 words)

  
 RMIT - Fair Dealing   (Site not responding. Last check: 2007-11-07)
The Fair Dealing exemptions within the Copyright Act allow for a reasonable portion of copyright material to be reproduced without the permission of the copyright owner.
The crucial factors in using the fair dealing defence is that copying must be for the following purposes: research or study; criticism or review; reporting the news; or professional advice given by a legal practitioner or patent/trademark attorney.
Under the fair dealing defence it would be considered reasonable to use a limited portion of a copyright work to form part of an assignment task.
www.rmit.edu.au /browse?SIMID=6xaviaznzwnf   (614 words)

  
 The Law, NAFTA and Distributed Environments: Legal Inhibitors to Technological Innovation? - Introduction
Fair use provides a limited defense when using copyright protected works without prior authorization for the purposes of scholarship or criticism.
Fair use usually involves a minimal use of a portion of the total work where there is no substitute in the commercial marketplace.
Canada’s fair dealing is a defense that may be claimed when using works without prior authorization for the purposes of research, private study, criticism, review or reporting.
www.chin.gc.ca /English/Intellectual_Property/Law_Nafta/education.html   (864 words)

  
 UOW Copyright Services - Guidelines and copying limits for study and research
In order to be able to use the fair dealing provisions for study or research you must genuinely be copying the material for the purpose of study or research.
Under the fair dealing provisions for study or research you may copy a reasonable portion of literary, dramatic and musical works for the purpose of study or research.
There are very limited circumstances under the fair dealing provisions for study or research under which you may copy an artistic work, sound recording, film, TV broadcast, or sound broadcast; or copy more than 10% or one chapter of a literary, dramatic or musical work.
www.library.uow.edu.au /copyright/srgls.html   (1221 words)

  
 Copyright Policy Branch
Fair dealing is used as a defence to a claim of copyright infringement.
Fair use is a much broader concept than fair dealing in that fair use permits the use of a work for any number of potential purposes, including making multiple copies of a work for classroom use, comment, criticism, scholarship or research.
A use that may be considered fair use in the United States may therefore not be considered fair dealing in Canada.
www.pch.gc.ca /progs/ac-ca/progs/pda-cpb/neuf-new/quiz_03-05_e.cfm   (190 words)

  
 SCU | Policy | Copyright | Fair Dealing
NOTE: Fair dealing provisions cannot be used to make multiple copies of items and distribute or communicate that material to students.
It may be less fair to copy a work with a high degree of skill than it would to copy one based on less skill.
It would be considered less fair to copy a large or important part of the work than it would to copy a small or unimportant part.
www.scu.edu.au /policy/copyright/general/fair.html   (463 words)

  
 JISC Legal - Fair dealing
In addition to Fair Dealing there is a general statutory exemption for insubstantial use, where the amount copied and its significance is so small as to be of negligible consequence to the rights holder.
It is a condition of the Fair Dealing defence that the source of the work is acknowledged in all cases.
If not you may be able to use Fair Dealing but this depends on the amount, the purpose and the material in question.
www.jisclegal.ac.uk /ipr/fairdealing.htm?name=lis_fair   (2207 words)

  
 Intellectual Property:What are the fair dealing exceptions to copyright?
For example, "fair dealing" with a literary, dramatic, musical or artistic work, for the purposes of non-commercial research or private study does not infringe any copyright in these works or the typographical arrangement of published editions of these works.
Fair dealing has been interpreted by the courts on a number of occasions by looking at the economic impact on the copyright owner of the use; where the economic impact is not significant, the use may count as fair dealing.
So, it is probably within the scope of the above fair dealing exception to make single photocopies of short extracts of a copyright work for the purposes of non-commercial research or private study.
www.intellectual-property.gov.uk /faq/copyright/ex_fair_dealing.htm   (227 words)

  
 Queen's University Copyright Policy   (Site not responding. Last check: 2007-11-07)
Fair dealing applies to photocopying as well as other methods of reproduction - including the making of slides, microfiche, or transparencies as well as to faxes and other methods of electronic transmission.
In fact, armed with the licence and the fair dealing provision in the copyright law, you should be able to copy most of the material you need in the course of your day-today activities.
Some copying activities in universities are not covered by the concept of fair dealing or the licence.
www.arl.org /scomm/copyright/Queens.html   (1571 words)

  
 Fair Dealing or Copyright Infringement?   (Site not responding. Last check: 2007-11-07)
According to Section 29 of the Canadian Copyright Act (the Fair Dealing provision which is equivalent to the US Fair Use provision), an individual does not require the prior permission of the copyright holder to reproduce quotations for the purpose of criticism or review.
In general, according to the Fair Dealing provision, when other criteria are met the copying of extracts that are "not substantial in length" when compared to the whole of which they are part may be considered fair use.
...Please note that the Canadian "fair dealing" exceptions to infringement should not be confused with the "fair use" defence found in Section 107 of the United States Copyright Act.
www.mystae.com /streams/gnosis/fairdealing.html   (429 words)

  
 Protecting ourselves to death   (Site not responding. Last check: 2007-11-07)
Gagnon has fair dealing rights, supports public lending rights through her taxes, and may be using resources of an institution that pays licensing fees, but this apparently cannot assuage her guilt, which is almost existential.
The right of fair use is a valuable one to scholarship, and it should not be allowed to decay through the failure of scholars to employ it boldly" [38].
Fair dealing must be technology neutral: it must apply for Internet use, and to technologies yet to be born.
www.firstmonday.org /issues/issue9_10/murray/index.html   (13596 words)

  
 Chapter 15: The Changing Face of Fair Dealing in Canadian Copyright Law: A Proposal for Legislative Reform - Carys Craig
The fair dealing defence has an integral role to play in furthering the purposes of copyright and maintaining the proper balance between the interests of owners and users of protected material.
The rigid confines of the Copyright Act’s fair dealing provisions continue to reflect a vision of fair dealing as a marginal exception that must be strictly construed and rarely enjoyed.
These provisions should be replaced with an open-ended defence similar in form to the United States’ equivalent of “fair use.” Such statutory revision is necessary to cement the significance of CCH in the development of a robust fair dealing defence; it is therefore an essential step towards furthering the public purposes of the copyright system.
209.171.61.222 /PublicInterest/three_1_craig.htm   (2424 words)

  
 CAPIC and Copyright - Fair Dealing   (Site not responding. Last check: 2007-11-07)
CAPIC generally agrees with the Canadian approach to "fair dealing", where the three-fold test is scrupulously applied.
Theinclusion of "newspaper summary" as a fair dealing is appropriate where a work is an integral part of the news.
The fair dealing provisions of the Copyright Act should be clarified to permit the inclusion of "found" or "in situ" copyrighted works in photographs or illustrations.
ourworld.compuserve.com /homepages/greer/copy11.htm   (493 words)

  
 Is Fair Dealing a Workable Concept for European Contract Law?
In order to decide whether fair dealing is a workable concept for European contract law, it is first necessary to determine whether it is a workable concept for English law.
I will first try to determine whether fair dealing is a concept at all and whether it is necessary.
Then I will demonstrate to what extent a general concept of fair dealing would constitute a legal irritant to the legal structure of English law and still to what extent fair dealing’s substance might fit the evolutionary spirit of English law.
www.bepress.com /gj/topics/vol5/iss1/art2   (250 words)

  
 IT Management, Microsoft, and "fair dealing"
They must demonstrate "fair dealing", and loyalty to their corporations rather than to personal gain.
The legal argument here will have to target fair dealing under corporation law instead of under governmental/public service law, but the basic structure of the investigation will be the same.
This allows courts to draw appropriate balances in light of the commercial context and the existing traditions of that context in the atypical case where the contract is silent on the issue.
www.seanet.com /~hgg9140/politics/it_mgmt   (1441 words)

  
 CIPO - A Guide to Copyrights: Copyright Protection
The Copyright Act provides that any "fair dealing" with a work for purposes of private study or research, or for criticism, review or news reporting is not infringement.
The line between fair dealing and infringement is a thin one.
Only the courts can rule whether fair dealing or infringement is involved.
strategis.ic.gc.ca /sc_mrksv/cipo/cp/copy_gd_protect-e.html   (3951 words)

  
 Managing Rights Management: Fair Use, Fair Dealing
And DRM systems are notorious for blocking people from making fair uses of content by preventing the duplication of all works, even if those works are in the public domain, are being copied for educational purposes, or are publicly owned materials such as government-gathered facts.
According to the Associated Press and other sources, the U.S. Circuit Court of Appeals for the Washington, D.C., District today ruled that the FCC had overstepped its bounds in requiring the so-called broadcast flag to be recognized by TV sets.
The sources cited in Fair Use are also useful references for those wishing to dig deeper.
www.managingrights.com /fair_use_fair_dealing   (5191 words)

  
 TIADA Code of Ethics - Dedicated to Fair Dealing
The Association is comprised of the most successful and progressive used car dealers and associate members to be found.
Our members got where they are today by being dedicated to fairness and following a few simple rules, which we call our Code of Ethics.
We will have a general duty of integrity, honor, and fair dealing toward the general public.
www.txiada.com /codeofethics.asp   (220 words)

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