Castle Collection sought to enjoin the distribution and sale of the children’s book, “Silent Days, Silent Dreams”. The Book is written and illustrated by Allen Say and published by Arthur A. Levine, an imprint of Scholastic.
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This action principally concerns whether critical commentary on a creative video posted on YouTube constitutes copyright infringement. Matt Hosseinzadeh filed action in response to a video created by Ethan and Hila Klein, in which they comment on and criticize Hosseinzadeh’s copyrighted video. The Kleins’ criticism and commentary is interwoven with clips from the Hoss video.
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An alternative exception, should fair use not be enacted, is also recommended: a ‘new fair dealing’ exception that consolidates the existing fair dealing exceptions and provides that fair dealings for certain new purposes do not infringe copyright.
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An Australian copyright law review committee recommended the introduction of fair use in 1998. Almost 30 existing exceptions could be repealed, if fair use were enacted. In time, others might also be repealed. Replacing so many exceptions with a single fairness exception will make the Copyright Act considerably more clear, coherent and principled.
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