Fair Dealing

Fair dealing is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations.Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard.
Posts about Fair Dealing
    • What Constitutes Good Faith Negotiations in a New York Foreclosure Case?

      As of December 15, 2009, New York promulgated a civil practice rule1 that requires the parties to a foreclosure action to participate in a mandatory settlement conference with the court within the first 60 days after service of process. The purpose of this conference is to determine whether the parties can reach an agreement to help the defendant avoid losing his or her home.

      Ronald D. Weiss, PC- 10 readers -
  • Paradise Lost – Firing an Employee on Vacation

    … as a term in each and every employment contract. If an employer breaches this duty, a court may award an employee who brings an action for wrongful dismissal additional damages, known as aggravated or punitive damages, above and beyond any requirement to pay severance. Terminating an employee while he is on vacation, a time that is intended…

    Wendy Woloshyn/ kentemploymentlaw.com- 15 readers -
  • New Trend Requiring Tax Advice for Advisers?

    … From the Desk of Jim Eccleston at Eccleston Law LLC: Recently, FINRA heard a case in which an elderly woman and her daughter sought and were awarded more than $50,000 for what an arbitrator constituted as insufficient tax advice regarding an IRA distribution. Interestingly, the $50,000 award issued even though the claimants had suffered only…

    Eccleston Law Offices- 17 readers -