Friday, May 15, 2020

A Brief Note On Fair Dealing And Fair Use - 1011 Words

A recurrent theme evident throughout copyright literature is the comparison between ‘fair dealing’ and ‘fair use. These provisions allow for additional rights to be awarded to users for educational or research purposes. Their meaning and scope are defined by different legal systems, thus are not synonymous terms. ‘Fair dealing’ is a legal term pertaining to common law jurisdictions. It is used to establish whether the use of a copyright material is lawful or whether it infringes copyright. With research or private study as a central requirement, a two-part test must be carried out with the purpose, the character, the amount, the alternatives, the nature, and the effects of the dealing taken into consideration. The introduction of the ‘fair use’ model, with ‘different elements’ to the US doctrine, is highlighted by the ‘Modernising Copyright’ Report 2013. With recent worldwide trends moving to a ‘fair useâ₠¬â„¢ doctrine, there are many advocates promoting the method, considering it a highly flexible way of enabling use of copyright works without infringement. Universities Australia, in its submission to the ALRC discussion paper, believed the replacement of ‘fair dealing’ exceptions with ‘fair use’ would enable academics to use copyright material in more advantageous ways currently afforded to the US. Fair Tidmarsh also reach favourable conclusions, noting that it would allow copyright works to be used in a way â€Å"consistent with the greater public interest of facilitatingShow MoreRelatedAbdeali Dalal. Dr. Jenkins. History 1301. February 13,1541 Words   |  7 Pages89-109) to account for another. 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