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Fair dealing

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Overview Edit

Fair dealing, not to be confused with the broader doctrine of fair use under U.S. law, allows copyrighted material to be used for certain enumerated purposes. There is no global list of limitations and exceptions that constitute fair dealing, but commonly education and research, parody and satire, review and criticism and the reporting of news are amongst the purposes for which fair dealing exceptions exist in national law.[1]

Canada Edit

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United Kingdom Edit

The Copyright, Design and Patents Act 1988 does not define fair dealing precisely. Instead, it states:

Fair dealing is a defence against a copyright infringement action. An individual can claim this defence so long as the copying does not damage the legitimate commercial interests of the rightsholder, and if it was for one of the above purposes. The burden of proof is on the person who copied to show that it was for one of the specified purposes and that it did not damage the rightsholder. If they cannot show this, then they have infringed the rightholder's copyright. The fair dealing concessions apply equally in the digital environment as in the non-digital environment.

References Edit

  1. “Access to Knowledge: A Guide for Everyone,” Glossary (Frederick Norohna & Jeremy Malcolm eds. 2010).

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