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As of 1 October 2014, Section 30A provides for fair dealing as a defence in cases where the infringement was for the purpose of caricature, parody or pastiche. [27] The Intellectual Property Office suggests that a "parody" is something that imitates a work for humorous or satirical effect, a "pastiche" is a composition that is made up of selections from various sources or one that imitates the ...
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 ...
Simply put, the fair dealing amendment in Section 29 of Bill C-11 expands the first criteria for evaluating fair dealing – the purpose of the dealing – to include education, and parody or satire, in addition to research, private study, criticism and review.
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]
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 ...
CCH Canadian Ltd. v. Law Society of Upper Canada 2004, SCC 13 (originality standard, secondary infringement, and fair dealing rights) Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Providers , 2004 SCC 45 (ISPs as common carriers and status of caches)
In contrast to the Commonwealth fair dealing exceptions, the fair use defence allows US courts to find that a defendant's use is fair and hence not an infringement of copyright, even though the use does not fall within the statutory list provided for in Section 107.
It was clarified that fair dealing for the purposes of criticism, review or news reporting is only allowed for published works (reg. 10). The permitted use without a licence of copyright material for educational use (ss. 32, 35, 36 of the 1988 Act) was restricted to non-commercial purposes (regs. 11–13).