News & Blog Posts

Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along

by Ariel Katz

It is Fair Dealing Week and I’m happy to share a draft of my new forthcoming chapter “Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?” Here’s the abstract:

According to conventional wisdom, a fundamental difference exists between the American fair use doctrine and the Canadian (or Commonwealth) fair dealing doctrine: while American fair use can apply potentially to any purpose, Canadian fair dealing could only apply to those purposes enumerated in the statute. Accordingly, fair dealing cannot apply to dealings for other purposes even if they would otherwise be fair.

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“Free Trade” Agreements Would Be More Fair With Fair Use At Their Core

by Timothy Vollmer

During Fair Use Week organizations and individuals are publishing blog posts, hosting workshops, and sharing educational resources about the importance of this essential limitation to the rights endowed by copyright. Fair use (and in other countries, the related fair dealing) is a flexible legal tool that permits some uses of copyrighted material without permission from the original rights holder, such as for use in news reporting, criticism, teaching, and other reasons.

Timothy Vollmer
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