The cases relate to the definition of research under fair dealing, the meaning of «to the public» in copyright law, and the scope of
fair dealing in relation to educational institutions.
Fair dealing in Canada still requires a two - stage analysis, yet the cumulative effect of legislative reform and the Supreme Court decisions is that the first stage has become so easy to meet that Canada has a fair use provision in everything but name only.
Implied Duty of Good Faith &
Fair Dealing in Federal Construction Contracts - Construction Update
The FTC rescinded these and other industry guidelines in 2000, but while in effect, the guidelines for legal publishers helped restore
fair dealing in advertising, billing, and sales of legal publications.
They are supporting SOCAN's position on
fair dealing in the Supreme Court of Canada, and they all maintain that the Copyright Board erred in finding that previews fall within fair dealing as the previews are neither «research» nor «fair.»
He summarized the law, as stated by the Ontario Court of Appeal in 2001 in 978011 Ontario Ltd v Cornell Engineering Co, that it is unclear whether a franchisor is under a duty of
fair dealing in relation to pre-contractual discussions with a prospective franchisee.
Every lawyer knows that there's an obligation of good faith and
fair dealing in every contract.
As stated above, employers have a duty of good faith and
fair dealing in the employment relationship and the termination of the employment relationship.
This case will also be watched by those in the copyright community in the educational system, since Access Copyright («AC») has recently increased the volume of its sabre rattling in the fallout from its great defeat on
fair dealing in the Supreme Court of Canada on July 12, 2012, and the resulting hit on its revenues with much more decline to follow.
Interpret
fair dealing in a broad way.
The judge wrote that the ambitious project respects authors» rights and is a case of «fair use» (equivalent to
fair dealing in Canadian copyright law):
The employee had also claimed additional amounts for aggravated and punitive damages, as Pacific Coast Terminals breached its duty of good faith and
fair dealing in the manner of dismissal.
This ruling is likely to reinforce a classroom friendly interpretation of the addition of «education» (as well as «parody or satire») to the allowed purposes for
fair dealing in the Act to Amend the Copyright Act, which received royal assent on June 29th, 20012 and will likely take effect in the fall (see Michael Geist's blog).
Excess Copyright
Fair Dealing in Canada: Dry Erase Boards and Overhead Projectors — Believe It Or Not?
Imagine applying all of that intelligence to
fair dealing in economic relationships, rather than vainly trying to stimulate the economy, and accomplishing nothing good.
IDFA and NMPF maintain that «updating the food standard of identify for «milk» in this way would promote honesty and
fair dealing in the interest of milk consumers» because «consumers do not recognize milk or even flavored milk as a beverage that contains substantial amounts of sugar.»
The Food and Grocery Code of Conduct (Code) has the potential to improve trading relationships between retailers and their suppliers, it introduces a new regime for
fair dealing in the industry.
The corporation must also be held accountable to larger constituencies — the communities that have given it tax advantages and public facilities, suppliers and customers, a general public that expects from it ecological responsibility, ethical practice and
fair dealing in return for its exceptional powers.
The report, which will be welcomed by the government as proof it is offering public sector workers
a fair deal in difficult economic times, highlights the change from retail price index to consumer price index inflation as the most substantial change for public sector workers.
Come to think of it, Happy Death Day actually has
a fair deal in common with time travel games like Life is Strange and Prince of Persia: The Sands of Time.
«At a time when pupil numbers in England are predicted to rise by 8 per cent over the next five years while budgets are simultaneously cut, it is now more important than ever that we support our existing teachers and offer
them a fair deal in terms of remuneration.»
Well we ended up buying from Marta and she was very professional and got
us a fair deal in my opinion.
If you are concerned about your rights being violated in the workplace or about whether you were given
a fair deal in a recent wrongful dismissal or severance package, an experienced employment lawyer like Peter A. McSherry can help you understand your rights.
Fair deal in such terms and conditions.
Irrespective of whether you are hiring a lawyer or not, the above tips will assist you in negotiating
a fair deal in case your car meets with an accident.
Last, as the wide majority of equity investors fight over a very limited supply of properties, you can pursue
a fair deal in a calm and profitable fashion.
Not exact matches
The personality trait is called the «Honesty - Humility» factor, and generally refers to your tendency to be
fair in dealing with others and your willingness to stop yourself from exploiting others to benefit yourself.
In his six years as Mayor of Calgary, Naheed Nenshi has dealt with his fair share of damage control, from catastrophic flooding in 2013, wildfires this spring in the neighbouring communities, and the ongoing fallout from the province's recessio
In his six years as Mayor of Calgary, Naheed Nenshi has
dealt with his
fair share of damage control, from catastrophic flooding
in 2013, wildfires this spring in the neighbouring communities, and the ongoing fallout from the province's recessio
in 2013, wildfires this spring
in the neighbouring communities, and the ongoing fallout from the province's recessio
in the neighbouring communities, and the ongoing fallout from the province's recession.
However, if you approach the
deal with an eye on finding a solution where each party just «loses» a little, you can often find a healthy compromise that truly ends
in a
fair deal.
The
Fair Labor Standards Act, passed
in 1938 as part of the New
Deal, ushered
in such innovations as the 40 - hour workweek, overtime pay, and the minimum wage.
Sara Ellison, Vanity
Fair special correspondent, discusses what the government's attempt to block the AT&T - Time Warner merger means for other
deals in the media space.
And: «The new NAFTA will be modernized to reflect 21st century standards and will reflect a
fairer deal, addressing America's persistent trade imbalances
in North America.»
Tina Brown: I decided at Vanity
Fair to buy an extract of his new book, The Art of the
Deal, and I bought it because I love the voice
in the book.
Oracle CEO Mark Hurd tells CNBC's «Closing Bell» the company offered NetSuite a «
fair offer» of $ 109 a share
in a
deal valued at $ 9.3 billion.
«I think it's
fair to say that Mexican drug cartels are the most powerful drug -
dealing groups
in the United States,» Campbell added, «except that their effect is more indirect and delivering drugs to the street dealers.»
However, the patent market has cooled since those
deals were made and industry experts say that
fair value of patents
in large portfolios is $ 100,000 to $ 200,000, pricing Nokia's portfolio at up to 0.50 euros per share.
Katz says that
in the event Unblock Us was ever taken to court, it might be able to argue «
fair dealing» as a defence on the grounds that it is providing content Canadians would otherwise not get to see and for which there is no justifiable reason.
America's new negotiator -
in - chief will seek better,
fairer and more balanced international
deals, as he should.
Trump appeared to undermine the U.S. national security argument on Monday by tweeting that the tariffs would «come off» Mexico and Canada if they agreed a «
fair» new
deal in talks on the future of the North American Free Trade Agreement (NAFTA).
Given that the issues are seemingly unavoidable
in NAFTA, the lecture then highlights the preferred approach (relying on international treaty standards) and identifies many of the most important issues up for discussion including copyright term,
fair dealing, intermediary liability and digital issues such as net neutrality and data localization.
«It is
fair to ask whether consolidation is now the strategy of the day, given this is the third
deal of its kind, from China to Russia and now Southeast Asia,» he wrote
in a blog post on the Uber website.
Some of Aspect's
deals it has joined as an external investor providing a
fair price to existing investors looking to add to their bets;
in others such as many of its seed
deals, the firm has typically participated alongside a seed funding specialist as a warm - up to a Series A. «The bumper crop of seed investors creates more opportunity for us,» Gouw says.
As part of this
deal,
Fair will be Uber's exclusive partner for leasing
in the United States, for drivers who need a vehicle for 30 days or more.
Keep
in mind the CRTC's recently announced Wholesale Code will likely keep Roger's
dealing with other distribution partners
fair.
In 1994, most Canadians reported having either a «great
deal» (15 %) or a «
fair amount» (58 %) of respect for journalists and their chosen profession.
«That sent a clear message to potential investors that her Liberal government would become desperate for a
deal, putting British Columbia
in a weaker bargaining position and threatening our ability to ensure a
fair return for the province.»
SANDERS: Senator Bernie Sanders has consistently taken a hard line on free trade
deals during his time
in politics, from NAFTA to the TPP, citing concerns for
fair wages and U.S. job loss to outsourcing.
Among the improvements needed are revisions to overly - wide
fair dealing exceptions such as those for «education» and «user generated content» that were introduced
in the revised 2012 Act.
We've had to make severe cuts... and we've been able to
deal in a balanced and larged
fair way.»
I think we're very
fair in dealing with things and how they affect our family and our community.