Ranking my top 30 Michael Jackson songs, including the Jackson 5/Jacksons
Let me know your rankings and favourites in the comments. Cheers!
Copyright Disclaimer: Copyright Designs And Patent Act 1988
Source: [ Ссылка ]
Fair Dealing
Source: [ Ссылка ]
Certain exceptions only apply if the use of the work is a ‘fair dealing’. For example, the exceptions relating to research and private study, criticism or review, or news reporting.
‘Fair dealing’ is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing - it will always be a matter of fact, degree and impression in each case. The question to be asked is: how would a fair-minded and honest person have dealt with the work?
Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair include:
* does using the work affect the market for the original work? If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair
* is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually only part of a work may be used
The relative importance of any one factor will vary according to the case in hand and the type of dealing in question.
Source: [ Ссылка ]
The concept of fair usage exists within UK copyright law; commonly referred to as fair dealing, or free use and fair practice. It’s a framework designed to allow the lawful use or reproduction of work without having to seek permission from the copyright owner(s) or creator(s) or infringing their interest.
Fair dealing law is not only applicable to text-based works; it applies to musical, dramatic, artistic, literary and typographical works too. However, it does not cover the copyright of printed music.
As an exception to British copyright law, fair dealing is governed by Sections 29 and 30 of the Copyright, Designs and Patents Act 1988, which outlines three instance where fair dealing is a legitimate defence:
* If the use is for the purposes of research or private study;
* If it is used for the purposes of criticism, review or quotation;
* Where it is utilised for the purposes of reporting current events (this does not apply to photographs)
A statutory definition for fair dealing does not exist; it will always be a matter of fact, degree and interpretation in every fair dealing case. Nor is there a percentage or quantitative measure to determine fair dealing. The Intellectual Property Office lists the key factors used to determine the validity of whether a particular dealing with a work is fair as follows:
* Has the use of the work impacted negatively on the market for the original work? If the creator or owner has lost potential revenue through the re-use of their work, it is not likely to be fair.
* Was it reasonable and necessary to use the amount of work that was taken?
The Copyright, Designs and Patents Act 1988 also outlines the potential fair dealing defences that permit the use of copyright works without permission from the author(s) or creator(s) under UK copyright law.
