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From: | Hans Aberg |
Subject: | Re: nice stockhausen excerpt |
Date: | Mon, 22 Feb 2010 15:59:04 +0100 |
On 22 Feb 2010, at 15:26, Graham Percival wrote:
"The fair dealing clauses[1] of the Canadian Copyright Act allow usersto engage in certain activities relating to research, private study, criticism, review, or news reporting."Read it yourself. Does the use affect the market of the original work?That would suffice, as copyright law is essentially a business law.No. Fair dealing under Canadian law is not a matter of "satisfy any one requirement". It's "satisfy all requirements".
You have the law here:http://laws.justice.gc.ca/eng/C-42/page-3.html#anchorbo-ga:l_III- gb:s_29
You do not have to qualify for all conditions, in my reading.Your reading is incorrect. Or possibly the wikipedia page is incorrect.
The law lists some exceptions; if one is met, this section applies. Then the Supreme Court gives a ruling as an input how to evaluate those. These are though not legal rules or conditions that must all be met - the page does not specify how the evaluation should take place, and also notes that other factors may be relevant. It belongs to the interpretation of the law.
I've spent about 10 hours reading the Canadian copyright act (in addition to about 20 hours reading commentary on webpages). No, that's not a lot -- but at least that gives me *some* first-hand knowledge of it.
The problem is that the law must be interpreted, and that is done against priniples that may not be in the law.
How seriously have you read the act?
So I have at least checked the relevant section. Hans
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