Management and Organizational Studies 2276A/B Chapter Notes - Chapter 8: Reverse Engineering
26 Jan 2017
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Fair dealing is review, criticism, private study and news: expanded last year includes parody, satire and broader educational component (scope has been enlarged) Heir of each person carrying this on. Michelins man mascot (cid:498)bebendum(cid:499); locked into bitter labour dispute with union; union decides to take michelin man and produce poster with the foot of the mascot crushing the workers. Not trademark infringement because they are not claiming to sell anything under this banner not using trademark in confusing way. You are using our imagine in a way we did not allow you to use it: union claim its fair dealing (criticism) Court says no; parody is not criticism in canada, so it not fair dealing and copyright infringement. Moral rights right to cannot be transferred/sold; try and get them to waive them. Artist is claiming defendant have breached his moral rights. Distinguishing guise, purpose is to distinguish goods and services.
