The Character of the Dealing Sample Clauses

The Character of the Dealing. In assessing the character of a dealing, courts must examine how the works were dealt with. If multiple copies of works are being widely distrib- uted, this will tend to be unfair. If, however, a single copy of a work is used for a specific legitimate pur- pose, then it may be easier to conclude that it was a fair dealing. If the copy of the work is destroyed after it is used for its specific intended purpose, this may also favour a finding of fairness. It may be rel- evant to consider the custom or practice in a par- ticular trade or industry to determine whether or not the character of the dealing is fair. For example, in Sillitoe x. XxXxxx-Xxxx Book Co. (U.K.), [1983] F.S.R. 545 (Ch. D.), the importers and distributors of “study notes” that incorporated large passages from published works attempted to claim that the copies were fair dealings because they were for the purpose of criticism. The court reviewed the ways in which copied works were customarily dealt with in literary criticism textbooks to help it conclude that the study notes were not fair dealings for the pur- pose of criticism.
Sample 1
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