A comparative study of the doctrines of fair use and fair dealing focusing on entertainment media

• Main Authors: Medina, Camille May P., Ang, Kenneth Alvin C.
• Format: text
• Language: English
• Published: Animo Repository 2010
• Subjects: Fair use (Copyright) > Philippines; Fair use (Copyright) > United States; Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17768
• Institution: De La Salle University

The determination of whether usage of a copyright material is within acceptable limits or is already infringement relies heavily on the determination of the Courts. It is important that regular people, who do not have adequate knowledge of the law, to at least have a simple understanding of the limitations in the usage of copyrighted materials so as not to violate the rights of the owners, as well as to avoid being sued for copyright infringement. This study is primarily a comparison between the Fair Use Doctrine of the United States, the Philippines, and Israel, and the Fair Dealing Doctrine of India, Japan, and the United Kingdom, with entertainment media as the principal subject. The researchers aimed to identify the differences and similarities among the different countries as to the provisions of law, the history, and the decisions of the Supreme and High Courts. And with these findings, determine the adequacy of the Fair Use provision in the Intellectual Property Code of the Philippines. In the Philippines, the simplest route to have a clear definition of the fair use for entertainment media is through a court decision that deals with the use and copying of different forms of entertainment media. However, the much needed court decision may take some time before it will be realized. Waiting will allow the public to have their own interpretation of the law which will most probably be construed in their favor. The Intellectual Property Office can give recommendation regarding fair use of entertainment media and adopting uses enumerated by other countries.