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Section 30(1) of the 1988 Act provides that the fair dealing exception is valid if the material is being copied for criticism or review. For it to apply, the infringer must be able to show that the dealing was for criticism or review, that the infringed work was previously made available to the public, that the dealing was fair, and that the dealing was accompanied by an acknowledgement.
Fair dealing with a work for the purposes of private study or research (s. 29); Fair dealing with a work with acknowledgement for the purposes of quotation, criticism or review or, unless the work is a photograph, for the purposes of news reporting (s. 30); Fair dealing with a work for the purposes of caricature, parody or pastiche (s. 30A); [10]
Fair dealing for research should be accompanied by acknowledgement, if this is possible. Fair dealing with the typographical arrangement of a work for use in research or private study is also explicitly allowed. Also before the 2014 amendments to UK copyright law fair dealing for research only covered literary, dramatic, musical, and artistic ...
How much of the work was used? What was the importance of the infringed work? Quoting trivial amounts may alone sufficiently establish fair dealing as there would not be copyright infringement at all. In some cases even quoting the entire work may be fair dealing. The amount of the work taken must be fair in light of the purpose of the dealing.
Well known limitations and exceptions include fair dealing in the UK and Canada, as well as the fair use doctrine in the US. The undermining of copyright law, and in particular limitations and exceptions to copyright by contract law is an issue frequently raised by libraries, and library groups such as International Federation of Library ...
Since then, the Canadian fair dealing exception has broadened. It is now similar in effect to U.S. fair use, even though the frameworks are different. [77] CCH Canadian Ltd v. Law Society of Upper Canada [2004] 1 S.C.R. 339,2004 SCC 13 is a landmark Supreme Court of Canada case that establishes the bounds of fair dealing in Canadian copyright law.
Pro Sieben Media v Carlton Television [1999] 1 WLR 605 was a decision by the Court of Appeal of England and Wales over the fair dealing exception to United Kingdom copyright law. ProSieben had broadcast an interview on Taff with Mandy Allwood, a woman who was pregnant with octuplets.
While exceptions to normal infringement such as fair dealing do not apply, the right to object to derogatory treatment has its own, individualised exceptions. When works are created by employees of a company in the course of their work, the company or its other employees can alter the work in question, with the author's rights "giving way to ...