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Fair dealing is a statutory exception to copyright infringement. It is a defence, with the burden of proof upon the defendant. To qualify under the fair dealing exception, the dealing must be for a purpose enumerated in sections 29, 29.1 or 29.2 of the ''Copyright Act of Canada'' (research, private study, education, parody, satire, criticism or review and news reporting), and the dealing must be fair. ==Historical Development== In English law, copyright was first created by the ''Statute of Anne'' of 1709. Initially, there was no provision for unauthorized copying of copyrighted works. The common law doctrine of fair abridgment was created in ''Gyles v Wilcox'', which eventually evolved and prompted the doctrine of fair dealing to permit the unauthorized copying of copyrighted works in certain circumstances. The ability to copy copyrighted works in an unauthorized manner is essential. As Justice Story explained in the US case of ''Emerson v. Davies'': The ''Copyright Act of Canada'' was first passed in 1921. Substantial amendments occurred in 1988 and 1997. The defence of fair dealing was first introduced in the 1921 ''Act'', duplicating section 2(1)(i) of the U.K. ''Copyright Act 1911''. Since then, fair dealing has been amended by statute three times. First, by the ''North American Free Trade Agreement Implementation Act'', 1993, s. 64(1), and second by ''An Act to Amend the Copyright Act'', 1997, s. 18. Most recently the ''Copyright Modernization Act'', 2012 added the fair dealing purposes of education, parody and satire.〔http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=5697419〕 Fair dealing has traditionally been conceived of as a defence to copyright infringement. The plaintiff therefore has the burden of establishing an alleged infringement, after which the burden of proof rests upon the defendant to make out the defence. While the burden remains upon the defendant,〔CCH Canadian Ltd. v. Law Society of Upper Canada, () 1 S.C.R. 339 at paras 48-50.〕 fair dealing is now considered a "user's right" rather than simply a defence, and should be interpreted liberally to accommodate freedom of expression as guaranteed by the Canadian Charter of Rights and Freedoms: Professor Carys Craig has commented that a liberal approach “acknowledges the collaborative and interactive nature of cultural creativity, recognizing that copyright-protected works can be copied, transformed, and shared in ways that actually further” the purpose of copyright.〔C. Craig, “The Changing Face of Fair Dealing in Canadian Copyright Law: A Proposal for Legislative Reform,” c.15 in Geist, In the Public Interest: The Future of Canadian Copyright Law (Toronto: Irwin Law, 2005)〕 The Supreme Court, in ''Théberge v. Galerie d'Art du Petit Champlain inc.'', emphasized the importance of balancing "the public interest in promoting the encouragement and dissemination of works of the arts and intellect and obtaining a just reward for the creator." The fair dealing exception attempts to accomplish this balancing exercise by permitting unauthorized copying of works where such activities legitimately pursue free expression or further the objectives of copyright in promoting creativity and progress, while obtaining a just reward for copyright owners. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Fair dealing in Canadian copyright law」の詳細全文を読む スポンサード リンク
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