Fair Dealing in CanadaWhile fair dealing is the Canadian equivalent of the provisions of fair use in the United States, the Canadian provisions are more restrictive. Fair dealing represents an exception to the exclusive right granted by Canadian copyright law to the author of a creative work. It allows users to engage in certain activities relating to research, private study, criticism, review, or news reporting. There are six criteria for evaluating fair dealing in Canada, similar to some applied in fair use. Purpose: Is it for research, private study, criticism, review, or news reporting? a. Character: How have the works been dealt with? Is there a single copy or will multiple copies be made? Are copies distributed widely or to a limited group of people? 9
Final Exam study notes Units 7-11b. Amount: How much of the work has been used? What is the importance of the work? c. Alternatives: Is a non-copyrighted equivalent of the work available to the user? d. Nature of the work: Is the work copied from an original that has never been published or from a published work? e. Effect of the dealing on the work: Is it likely to affect the market of the original work?Why has privacy been identified as a key concern for consumers with respect to e-commerce? Privacy is an issue for e-commerce consumers for a number of reasons. First, consumers are concerned that companies areconstantly collecting personal data, including credit card numbers, through their websites. Second, consumers do not know what information is being compiled as they spend time online or to what extent their information could be used or revealed in an inappropriate manner. It is easy and inexpensive to misuse personal data. Mailing lists and databases used by a company’s business partners may be sold. Consumers are also troubled bynews reports of personal medical, financial, and other information being extracted from online databases by determined individuals. What are the main basic principles of privacy protection? The following are basic principles of privacy protection. Notice must be given to consumers about information collection and use. Customers should know how their information is, or may be, used. Customers must be able to access and change their personal information collected and stored by others. Information about customers must be accurate and kept secure. These principles should be enforceable, and there must be consequences for violations. How has Canada begun to address the issue of privacy protection? The Canadian government has legislatedthe Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA came into full effect on January 1, 2004, and protects the privacy of any personal information that is collected, used, or disclosed by the private sector.
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