What is Copyright Law and Fair Use?

Fair Use 2.0: The Rebirth of Fair Dealing in Canada  January 24, 2013 – 10:01 pm
Before and After the Great

I posted the most recent draft of my new paper on fair dealing on SSRN.

The paper recounts the history of fair use and fair dealing and shows that, contrary to conventional wisdom, the enactment of the Imperial Copyright Act of 1911 – and subsequently the enactment of the Canadian Copyright Act of 1921 – were not designed to cause any major alteration in the common law of fair dealing, and the explicit recognition of five enumerated purposes in the (then) newly-enacted fair dealing provision was not intended to limit the principle of fair dealing exclusively to those five purposes.

I argue, despite abundant contemporary literature to the contrary, that the perceived dichotomy between the open-ended US-style fair use and the supposedly close-ended fair dealing is false. The question of whether the list of enumerated purposes is exhaustive or, instead, illustrative of a broader principle has never been put squarely before the courts, let alone the higher courts, and certainly not in Canada. Similarly, no court has ever confronted the question of whether the common law fair use doctrine that existed before 1911 continues to coexist with the statutory fair dealing. Therefore, the question of whether fair dealing in Canada can apply to purposes that are not explicitly mentioned in the Copyright Act is an open one, and as the paper shows, can and should be answered affirmatively. Doing so will not transplant a foreign legal concept but rather will reunite present copyright doctrine with its rich and historic roots that were latent but never discarded.

Source: Ariel Katz

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Technical Analysis is a good place to start. It

Lot of companies & narrows your focus. It should be followed by a clean fundamental analysis & then you whould establish entry & exit points based on valuation & time for each trade.
If the stock hits your low mark you bail. If it is profitable & hits your high mark, you sell half & continue to ride the wave.
Finally, make sure you are hedged. Use options to protect yourself against more than a certain amount of loss. You can always be wrong, just don't own it.

In Defense...continued

But a participatory economy enjoys advantages in managing this trade off compared to capitalism. Most importantly, direct recognition of 'social serviceability' is a more powerful incentive to innovation in a participatory economy, which reduces the magnitude of the trade off since more innovation will occur in a participatory economy than in capitalism for the same speed of adjustments. Secondl... Economy. Forthcoming.
Levy, David. 1991. Book Review: Seeking a Third Way. Dollars and Sense 171 November 1991: 18-20.
Pramas, Jason. 1991. A Roundtable on Participatory Economics. Z Magazine July/August 1991: 73-74.
Weisskopf, Thomas. 1992. Toward a Socialism for the Future in the Wake of the Demise of the Socialism of the Past. Review of Radical Political Economics 24 (3&4).

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