This week, the sisters discuss Tom Wilkinson's oeuvre, from his roles as a stripper with all the right moves to a pioneering doctor with all the wrong moves.
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This podcast series is under Fair Use and Fair Dealing.
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Under Section 107 of the Copyright Act in 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing.
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Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.
Fair Dealing Definition
Fair Dealing is a statutory right under Canadian copyright law that allows limited use of copyright-protected works for certain purposes without requiring permission from the rights holders. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work, provided it complies with a two-factor balancing test: first, that the dealing is for one of the allowable purposes under the Copyright Act, R.S.C., 1985, c. C-42, namely research, private study, education, parody, satire, criticism, review, or news reporting, as per s.29 of the Copyright Act; and secondly, that the dealing is fair in the purpose of the dealing, the character of the dealing, the amount of the dealing, the nature of the work, available alternatives to the dealing, and the effect of the dealing on the work, as per CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339, 2004 SCC 13. The Supreme Court of Canada has stated that fair dealing is an integral part of the Copyright Act, R.S.C., 1985, c. C-42, and that, when fair dealing requirements are met, there is no need to look further to more specific exceptions in the Copyright Act nor for any other permission.
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In compliance with the above, especially ss.29.1 and 29.2 of the Copyright Act, R.S.C., 1985, c. C-42, the following is a list of works, their sources and authors, performers, makers, and/or broadcasters, discussed during this episode:
- Cattaneo, Peter, dir. The Full Monty. 1997; Beverly Hills, CA: Twentieth Century Fox Home Entertainment, 1999. DVD.
- Kaufman, Charlie, dir. Eternal Sunshine of the Spotless Mind. 2004; Universal City, CA: Universal Studios, 2004. DVD.
- Madden, John, dir. Shakespeare in Love. 1998; Montreal, QU: Alliance Vivafilm, 2010. DVD.
