Re: nice stockhausen excerpt

[Hans Aberg]

On 22 Feb 2010, at 15:26, Graham Percival wrote:

> > > "The fair dealing clauses[1] of the Canadian Copyright Act allow  
> > > users
> > > to engage in certain activities relating to research, private study,
> > > criticism, review, or news reporting."
> >
> > Read it yourself. Does the use affect the market of the original  
> > work?
> > That would suffice, as copyright law is essentially a business law.
>
> No.  Fair dealing under Canadian law is not a matter of "satisfy
> any one requirement".  It's "satisfy all requirements".

You have the law here:
  http://laws.justice.gc.ca/eng/C-42/page-3.html#anchorbo-ga:l_III- 
gb:s_29

> > You do not have to qualify for all conditions, in my reading.
>
> Your reading is incorrect.  Or possibly the wikipedia page is
> incorrect.

The law lists some exceptions; if one is met, this section applies.  
Then the Supreme Court gives a ruling as an input how to evaluate  
those. These are though not legal rules or conditions that must all be  
met - the page does not specify how the evaluation should take place,  
and also notes that other factors may be relevant. It belongs to the  
interpretation of the law.

> I've spent about 10 hours reading the Canadian copyright act (in
> addition to about 20 hours reading commentary on webpages).  No,
> that's not a lot -- but at least that gives me *some* first-hand
> knowledge of it.

The problem is that the law must be interpreted, and that is done  
against priniples that may not be in the law.

> How seriously have you read the act?

So I have at least checked the relevant section.

  Hans