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Fair Use vs Fair Dealing?

Discussion in 'Tea Room (Book Chat)' started by jessica, May 24, 2018.

  1. jessica

    jessica Active Member

    Ok, so I saw Scribblings updated T&Cs and I wondered::coffee::. What actually is the difference between Fair Use and Fair Dealing:confused:? I know Fair Use is the US one and there's been cases in the UK where people lost court cases cos they tried to use it as a defence::unsure::, and I know bookangel ran straight into the gap with a book we reviewed a while back, but what's the actual issues?
     
  2. Bookangel

    Bookangel Administrator Staff Member

    Something interesting to remember with regard to Moral Rights:

    We, like most messageboards, do NOT require authors of post content to waive this right, especially should said content find its way elsewhere. It is one of the many reasons we request manners.
     
  3. Reader

    Reader Vile Critic

    To clarify that one was a great example: the author (who was British) was writing about Walt Disney and Winnie the Pooh. They did not acknowledge the existence of A.A.Milne anywhere in the books, not even in an author's note or foreword.

    They had been told by the author's association they were part of that they had done nothing wrong. That association was based in the US, and under Fair Use that is correct. Under Fair Dealing however, even if the rights to an author's work are bought, they have the right to be identified as the creator. We checked with a British IP group, who said that a credit should have been added. This is because of Moral Rights which cannot be transfered even if copyright and trademarks are, although they can be waived.

    Moral Rights are a really interesting field.
     
  4. skye

    skye Member

  5. atry

    atry Member

    I can remember one case some years ago where that backfired on a larger publisher. As far as I remember, an artist had posted an image online which the company almost line-by-line traced for the cover of one of their books. They protested, the company said that under VARA they had no rights so tough luck, and the artist pointed out they weren't in the US and the case would be heard in their juristiction under Berne. The company changed the cover.

    Finding out the copyright laws for your source is very important.
     

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