VirtualMV/Ethical issues/Fair dealing
Fair dealing (fair use)
is another exception to the rule of permission but only for:
- Research or private study. No more than one copy is permitted on any one occasion. The user must detemine that copying of such material is for research or study and that it is fair.
- Criticism or review. This generally means that the author and the title of their work is acknowledged.
- Reporting current events. Sufficient acknowledgment is given unless reporting is done by sound recording, film, broadcasting or cable programme.
According to the Copyright Council of New Zealand (2006b) “fair dealing” with copyright material does not infringe copyright if it is for the following purposes:
- research or private study;
- criticism or review; or
- reporting current events.
Fair dealing has been an important part of Copyright Law for over 150 years, even the Copyright Law does not specify how to apply fair use. There are four types of considerations when evoking fair use:
- the nature of the use
- the nature of the work used
- the extent of the use
- its economic effect.
For video: Video makers have the right to use as much of the original work as they need to in order to put it under some kind of scrutiny. Comment and critique are at the very core of the fair use doctrine as a safeguard for freedom of expression. So long as the maker analyzes, comments on, or responds to the work itself, the means may vary. Commentary may be explicit (as might be achieved, for example, by the addition of narration) or implicit (accomplished by means of recasting or recontextualizing the original). (Center 2011).
- Fair Dealing – Information Sheet (Copyright Council of New Zealand, 2006b)
- Who decides what Fair Dealing covers? (Creative Freedom NZ, n.d.)
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