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Here in Canada, we operate a bit differently from the DMCA. Fair dealing is an exception to copyright infringement laid out in the copyright statutes of common law jurisdictions such as Great Britain, Canada, Australia and New Zealand. The copyright acts of Canada provide that fair dealing with a copyrighted work is not infringing if the dealing is for a fair dealing purpose specifically stated in the act. This means, for example, that if a work is copied for a purpose other than one or more of the statutory fair dealing purposes, the copying cannot be a fair dealing regardless of the copier’s possibly beneficial or meritorious goal.
A Doggie Dog World is primarily an education website, and uses copyrighted works under the Fair Dealing clause of the Copyright Act. The Fair Dealing clause requires a two-step test. Here are our answers to the two-step test:
Step 1 – Was the Dealing Done for an Allowable Purpose of Research, Private Study, Education, Parody or Satire?
The Dealing is done for the purposes of research, education and parody/satire (memes).
Step 2 – Was the Dealing Fair?
The Supreme Court has said that six factors must be considered to determining whether a dealing is fair: the purpose, the character and the amount of the dealing; the existing of any alternatives to the dealing; the nature of the work; and the effect of the dealing on the work.
In applying this step it is important to avoid double counting in assessing the fairness of a dealing by looking to the same aspect of the dealing under more than one factor.
- a) The Purpose of the Dealing
- real purpose or motive behind using the copyrighted work.
To provide dog owners with curated content regarding dogs.
- whether a dealing was in the public interest
Beneficial for all dog owners looking for a central source of information.
- b) The Character of the Dealing
- how the work in question was dealt with
Original sources of images were searched extensively, and where possible, original attribution was done via a web link to the source
- c) The Importance and Amount of the Work Taken
- This is an examination of the proportion between the excerpted copy and the entire work
Only specific images that pertain to the corpus of knowledge regarding dogs are shared.
- d) The Existence of Alternatives to the Dealing
- There are no reasonable alternatives to the dealing. The principal owner of the website does not currently own a dog.
- e) The Nature of the Work
- The nature of the work in question should also be considered by courts assessing whether a dealing is fair.
All pieces of work are taken from commonly available sources and top ranking websites on the internet. As such, works of a private, restricted nature are not used for this website.
- f) The Effect of the Dealing on the Work
- A Doggie Dog World does not compete with any known entity. Instead we promote original sources by providing valuable links (called backlinks, in technical terms)
Finally, we only use 1) approved, 2) Creative Commons or 3) licensed images for any paid advertising.
Should you have further questions or copyright claims, please provide us with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send us an email at email@example.com with the above information. You acknowledge that if you fail to comply with all of the 6 requirements listed above, your Copyright notice may not be valid.