Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along

by Ariel Katz

It is Fair Dealing Week and I’m happy to share a draft of my new forthcoming chapter “Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?” Here’s the abstract:

According to conventional wisdom, a fundamental difference exists between the American fair use doctrine and the Canadian (or Commonwealth) fair dealing doctrine: while American fair use can apply potentially to any purpose, Canadian fair dealing could only apply to those purposes enumerated in the statute. Accordingly, fair dealing cannot apply to dealings for other purposes even if they would otherwise be fair.

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