Re: Re: Fair Dealing / Fair Use

John T. Mitchell wrote:

> Today, thanks to digital engineering, it is quite possible for
> copyright owners to infringe upon the fair use rights of others by
> various feats of engineering, so logically, anyone whose right of
> fair use is impaired by the copyright owner should have a right of
> action. Thus, if one is sue for copyright infringement, I agree that
> the plaintiff would bear the burden of proving it is infringing,
> which includes the burden of eliminating the fair use "defense" if
> raised (though the defendant would have the burden of coming forward
> with evidence of fair use). But if a plaintiff sued a copyright
> owner for a declaratory judgment of fair use, or for an injunction
> against the copyright owner's prevention of fair use, then it would
> seem that the burden would be on the plaintiff to prove that the
> copyright owner was indeed unlawfully preventing fair use, including
> the burden of proving fair use.
>
>

This seems to be addressed in UK copyright law:

296ZE Remedy where effective technological measures prevent permitted acts ...

(2) Where the application of any effective technological measure to a copyright work
other than a computer program prevents a person from carrying out a permitted act
in relation to that work then that person or a person being a representative of a class
of persons prevented from carrying out a permitted act may issue a notice of complaint to the Secretary of State.
...

kc

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Karen Coyle / Digital Library Consultant
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