The documentary film received wide critical acclaim However it never broke out

The documentary film received wide critical acclaim

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The documentary film received wide critical acclaim. However, it never broke out of the film-festival circuit into wider circulation, despite having a distributor, because the legal ambiguity of the used footage tended to scare the movie theatre companies. The documentary makers had good arguments that their uses of footage from “The Shining” were fair, but without challenging it in court, one never really knows whether a particular dealing is fair. In the case of “Room 237”, no one wanted to fight that fight. F A I R U S E As an aside, you may have heard the term “Fair Use” as a type of copyright exception. Fair Use and Fair Dealing are slightly different variants of copyright exceptions. Both aim to give users some limited flexibility to use a copyrighted work without diminishing the copyright holder’s rights. Fair Dealing is commonly found in Commonwealth countries, like Canada, Britain, and Australia. As already described, a key aspect of determining that a particular dealing is fair is whether its purpose is among the list of pre-approved purposes for using a copyrighted work. In Canada, these pre-approved purposes are as follows: personal study, research, criticism, review, news reporting, education, parody, or satire. If a use falls outside of this list, then the dealing is not fair and constitutes copyright infringement. Fair Use is a copyright exception that applies in the United States and a few other places, such as Israel and Taiwan. Under the rules for fair use, the set of allowable purposes for using a copyrighted work is not predetermined. The US Copyright Law does list a number of possible uses of a copyrighted work, such as criticism, comment, news reporting, teaching, scholarship, and research. In the case of Fair Use, though, the list of purposes is illustrative rather than definitive; the list is not closed to other possible uses. Instead, the particular details of the case determine whether a particular use is fair, such as whether the derivative work is highly transformative compared to the original work. Another example might be whether the derivative work is a commercial product or whether it has a negative effect on the market for the original work, and so on. Figure 7: PD10 Unit 03 Presentation 2 Slide 7 U N D E R T H E R U L E S F O R F A I R U S E , T H E S E T O F A L L O W A B L E P U R P O S E S F O R U S I N G A C O P Y R I G H T E D W O R K I S N O T P R E D E T E R M I N E D .
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9 © University of Waterloo and others U S E R - G E N E R A T E D C O N T E N T E X C E P T I O N User-Generated Content Exception (also known informally as Users’ Rights ) is a second prominent type of copyright exception. The Canadian Copyright Act explicitly allows the use of copyrighted works in the creation of a new non-commercial work, as long as: o the original work is property attributed o the original work does not infringe on some other work’s copyright o the new work is for non-commercial purposes o the new work does not adversely affect the market for the original work.
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