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Fair Dealing: A Response to Bobby

Fair Dealing: A Response to Bobby


Hi Bobby! My name is Alex Dobre, and I’m from the University of Waterloo. Although I’m not in a copyright position, I am very interested in copyright law. I’ve worked in the past with Christine Jewell, our Copyright Librarian here at University of Waterloo. We’ve worked on various copyright projects, and I’ve also been educating myself on copyright law and I have been getting familiar with the Copyright Act for the past two years. So I’m looking to provide more of a beginner’s perspective to your videos In your videos you were mentioning that fair dealing is a limitation on the exclusive rights of copyright owners. And as well as a defense to a claim of unpermitted use of a copyrighted work. What can be a little bit tricky for a beginner to copyright is the fact that fair dealing is not defined in the copyright act and therefore fair dealing must be determined on a case by case basis and you must look at the specific factors of each situation and of each case. This can lead to a lot of confusion and discussion as to what can be considered fair dealing. However on the bright side of things and what I think is really great about fair dealing and we should be celebrating it, is the fact that fair dealing can be used by anybody you don’t have to be a student, or you don’t have to work at an educational institution to be able to use this defense, as long as in their fair dealing assessment they consider the six factors that were set out by the Supreme Court of Canada those being the purpose of the dealing the character of the dealing, how much you’re using, how much you’re copying of the work. Alternatives that you could possibly use instead of copying that work The nature of your dealing and the effect that the dealing has on the work I think if people use these factors in their analysis I believe anybody could possibly make a successful fair dealing argument And I also think that’s it’s very important that we have clear policies and guidelines in our institution as to what it is considered fair dealing For example, here at University of Waterloo we have the fair dealing flow chart that aids people in making that fair dealing determination Well, this is all for me, thanks for listening and see you soon!

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