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Fair Use Debate

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A new surge is being seen and fair use in copyright is happening, when mass copying of all books throughout the world undertaken by Google books project is declared as fair use by the US conceding copying of whole book/s without the consent of copyright owner. Canada amplified its 2004 position of permission to copy from single copies to multiple copies and further permitted previews to be streamed without paying royalty to owners of music. In Alberta Education v. Canadian Copyright Licensing Agency and Society of Composers, Authors and Music Publishers of Canada v. Bell Canada the position in CCH Canadian Ltd. v. Law Society of Upper Canada is taken further. According to proposition at hand where Cambridge and Oxford University Press along …show more content…

For example, if one wishes to criticize a novelist, he should have the freedom to quote a portion of the novelist’s work without asking permission. In the absence of such a freedom, copyright owners could stifle any negative criticism about their work. This feature of copyright law is popularly referred to as ‘fair use’ or ‘fair dealing’. Fair dealing allows users to engage in activities that might otherwise amount to copyright …show more content…

CL is normally issued in recognition of protection of larger public interest. Under a compulsory license, an individual or company seeking to use another’s patent can do so and pays the rights holder a set fee for the license. More recently an area of fierce debate has been that of drugs for treating serious diseases such as Malaria, HIV and AIDS. Such drugs are widely available in the western world and would help to manage the epidemic of these diseases in developing countries. Such drugs are found too expensive for developing countries when supplied by patentees. The objective of this part is to examine the phenomenon of CL in pursuance of public interest by individual countries with a focus on India.
The Paris Convention, 1883 provides that each contracting state may take legislative measures for the grant of CL. The concept of CL is prevalent from the time of Paris Convention and continues in TRIPs. TRIPs agreement allows CL by member states in an effort to strike a balance between public and private interests. The expression ‘other use without authorization of the right holder’ is new nomenclature for ‘compulsory license’ and is conferred by competent authority. The phrase appears in the title of article 31, but does not specifically list the reasons that might be cited to issue a compulsory

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This trial is on Walt Disney Studios vs. Faden on the work Professor faden made to inform people on copyright, fair use and infringement. They are battling over copyright and fair use on this video. Walt Disney Studios claims that Faden’s work is copyrighted and is suing for infringement. But Professor Faden claims that he followed all the rules on copyright and he thinks it is fair use. “ Defendence you make take your stands,”The judge says in an assertive voice.

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The court also had to consider the concept of fair use, which allows the use of copyrighted material for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. However, fair use is a subjective and context-dependent doctrine that requires a case-by-case evaluation of several factors, such as the purpose, nature, amount, and effect of the use on the original

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To demonstrate this, Skloot mentions, “the ruling didn’t prevent commercialization; it just took patients out of the equation and emboldened scientists to commodify tissues in increasing numbers”. It becomes apparent that taking a doctor to court in the 1950s often had no effect, except that the doctor would be more reluctant to share his or her research with fellow scientists. Today, however, there are more laws in place and if a doctor was found to have broken the law, her or she would lose their medical

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This case clashes with freedom of speech, but it is also about freedom to

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It further postulates that such commentary on public figures is not only legal, but also healthy — implicitly making the argument that Free Speech is an essential feature of participation in democracy, and that public figures must bow to such caricatures in exchange for the power that society has bestowed upon them. It summarises this belief with a quote taken directly from the Hustler v. Falwell judgement: "At the heart of the First Amendment is the recognition of the fundamental importance of the free flow of ideas. Freedom to speak one 's mind is not only an aspect of individual liberty, but essential to the quest for truth and the vitality of society as a whole. In the world of debate about public affairs many things done with motives that are less than admirable are nonetheless protected by the First

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The article starts by defining intellectual freedom; it also establishes that American libraries are very efficient, and are a prime source for Americans to find information. It then furthers its purpose through establishing to the reader the link between Intellectual Freedom (IF) and Freedom of Speech. The source then gives a basic layout of its argument to the reader in the form of a chart. This helps the reader follow the author’s argument. The first theory that is discussed is the marketplace of ideas theory which states that ideas should be like products and compete with one another until eventually the dominant/best idea wins.

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Many new companies to enter the market without burden of costly tasks such as research and development, clinical trials and manufacturing of drugs. Moreover, patent expiry is one of the reasons which is offering opportunities for lower cost generic manufacturer in terms of greater market access. Additionally, the government has increased their focus on healthcare cost cutting. It is creating pressure on the authority to allow early introduction of low-cost drugs in the

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Censorship of the arts is a highly debated and controversial subject that deals with what artistic content is deemed acceptable or unacceptable to the public in society, as well as the limitations of practicing artists’ rights to express themselves through art. In this regard, art should be a way to express one’s own opinions, but should not be used as a vessel for insensitive or malicious intent in dealing with topics such as race and religion. In this essay, I will be discussing this and two other reasons as to why artists should not be given absolute freedom in creating their artworks. These other reasons are that art may also cause controversy within society when dealing with topics unaccepted by conservative members of the public, such as political views that go against the norm, as well as shocking or, to some, disturbing content such as intense or extreme gore and nudity. While these are some reasons why art censorship can be justified, I will also be discussing a counter-argument to these reasons, which is that society should not shoot down views and opinions based solely on a minority that does not approve of them.

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