cpc

eplain the term fair use/ fair dealing in copyright protection

Advocate/ Asst. Manager(Legal)

Dear sir,

what is meaning of the trem fair use/ fair dealing in copyright protection?

 
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Advocate

Fair dealing is a defense against an action for infringement of an exclusive right of copyright.According to sec.52(1),fair dealing with a literary,dramatic,musical or artistic work not being a computer program,for the purpose of private use,including research,criticism or review,whether of that work  or any of other work  does not infringe copyright.The object of this exception is to enable the reproduction of the work for certain public purposes,and for encouragement of private study,research and promotion of education.

 
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Advocate

As rightly pointed out by Mr.shine, fair dealing under section 52 of the CRA is purely a question of facts and impression. The Court will take into consiferation 1. The quantum and value of the matter taken in relation to the comments or ccriticism, 2. the purpose for which it is taken, 3. whether the work is published or unpublished,circulated (If unpublished) and 4. the likelihood of competition between the two work. To take long extract and attach short comments may be unfair. But,short extracts and long comments may be fair use. As or instance if an author produced a book of questions for the students and another person can not with impunity publish the book with the answers to the questions on the plea of fair dealing. If the extracts taken are used as basis of comments,criticism or review, that may be fair dealing.If they are used to convey the same information as the author, for a rival purpose that may  be unfair use.

 
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 Dear Assumi:

Is there any Copyright on Market Data and the report published on that Market data - ex: Number of Cell Phones sold in 2008, Forecast for 2009 and 2014. We analyze the market for cell phones and sell the market report written based on the data. Thank you for your suggestions.  

 
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