FAIR USE or FAIR DEALING
Depends on:
1. Whether the lawsuit is filed in the US or Canada
2. Where the original publication occured.
3. Where the infringement occurred.
Canadian "fair dealing" must be for:
1. "research or private study" (sec. 29)
2. "criticism or review" (sec. 29.1) in which case the
reviewer or critic must include specific information about the source.
3. "news reporting" (sec. 29.2) in which case the
reporter must include the same information.
If it is not for research, private study, a review, a critique, or news reporting, it cannot be fair dealing. And even if it is for one of those uses, it must still be "fair" which is another question involving how much is copied, how it affects relicensing possibilities, etc.
From Leslie Ellen Harris (copyright lawyer and author of Canadian Copyright):
In copyright law, there are very few circumstances under which one can use copyright materials without obtaining permission from the copyright holder. There is no "fair use" provision as in the U.S. copyright law. There is a "fair dealing" provision but it has a very limited application.
Fair Dealing is not the same as "Fair Use" under US Copyright Law; much more restricted in Canada. For example, US allows copying for classroom use in some circumstances; Canada does not.
Here's an excerpt from Leslie Ellen Harris's newsletter that explains this in more detail. (See More on Fair Use, below)
DEFAMATION
Defamation occurs when anyone produces untrue information or modifies that information to misrepresent the original intention.
EXAMPES:
- an early work presented as if it were later;
- misappropriation of personality (unconsented use of a name to
endorse of products or services