103-LLM DISSERTATION (FINAL - WITH CORRECTIONS) (SUBMITTED ON 1 NOVEMBER 2012).pdf

103-LLM DISSERTATION (FINAL - WITH CORRECTIONS) (SUBMITTED ON 1 NOVEMBER 2012).pdf

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D.R. Nicholson – LLM (Dissertation) 2012 103 4.3.1. Section 12 ‘Fair Dealing’ There is no internationally accepted definition or form of ‘fair dealing’. The Australian Law Review Commission, when commenting on Australia’s fair dealing provisions, noted that ‘fair dealing is not a defence to infringement; rather, it defines the boundaries of copyright owners' rights.’ 289 The concept of ‘fair dealing’ in the SA Copyright Act, as affirmed by Dean in the preceding paragraph, is a defence or limitation on the exclusive rights of authors in certain circumstances. The concept of ‘fair dealing’ in South Africa was inherited through colonial legislation under the British Empire. Most Commonwealth countries, including South Africa, continue to use ‘fair dealing’ as a limitation or exception in their copyright laws. Fair dealing differs from the fair use doctrine in the USA in that it is narrower in scope and more restrictive in application but the fundamental principles are essentially the same.
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  • Fall '19
  • Common Law, Fair dealing, Limitations and exceptions to copyright

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