Fair Dealing and Documentaries – Is it fair?
In an attempt to strike a fair balance between rights of copyright holders and the public interest in the dissemination of intellectual works, the copyright law has established exceptions to the exclusive rights granted to creators. However, doubts concerning the applicability of these exceptions ha...
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| Language: | en_ca |
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2011
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| Online Access: | http://hdl.handle.net/1807/30533 |
| Summary: | In an attempt to strike a fair balance between rights of copyright holders and the public interest in the dissemination of intellectual works, the copyright law has established exceptions to the exclusive rights granted to creators. However, doubts concerning the applicability of these exceptions have raised discussions about whether the use of copyrighted materials in documentaries qualifies as a fair dealing or other exception to copyright, uncertainties that lead producers to use only duly authorized materials in order to avoid possible claims. This thesis analyzes the copyright exceptions set out in the Canadian law and their applicability to protected materials inserted in documentaries. This thesis suggests that the legislation should be modified in order to help producers to identify situations in which those exceptions would be applicable to protected materials included in documentaries and to avoid over protective copyright rights that may restrain the production and dissemination of documentary films. |
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