Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
The Church of Scientology has been involved in numerous court disputes across the world. In some cases, when the Church has initiated the dispute, questions have been raised as to its motives. The Church of Scientology says that its use of the legal system is necessary to protect its intellectual property and its right to freedom of religion. Critics say that most of the organization's legal claims are designed to harass those who criticize it and its manipulative business practices.
Hill v Church of Scientology of Toronto February 20, 1995- July 20, 1995. 2 S.C.R. 1130 was a libel case against the Church of Scientology, in which the Supreme Court of Canada interpreted Ontario's libel law in relation to the Canadian Charter of Rights and Freedoms.
In English and English-derived legal systems, an Anton Piller order is a court order that provides the right to search premises and seize evidence without prior warning. This is intended to prevent the destruction of relevant evidence, particularly in cases of alleged trademark, copyright or patent infringements.
CCH Canadian Ltd v Law Society of Upper Canada, [2004] 1 SCR 339, 2004 SCC 13, is a landmark Supreme Court of Canada case that established the threshold of originality and the bounds of fair dealing in Canadian copyright law. A group of publishers sued the Law Society of Upper Canada for copyright infringement for providing photocopy services to researchers. The Court unanimously held that the Law Society's practice fell within the bounds of fair dealing.
The term fair game is used to describe policies and practices carried out by the Church of Scientology towards people and groups it perceives as its enemies. Founder of Scientology, L. Ron Hubbard, established the policy in the 1950s, in response to criticism both from within and outside his organization. Individuals or groups who are "fair game" are judged to be a threat to the Church and, according to the policy, can be punished and harassed using any and all means possible. In 1968, Hubbard officially canceled use of the term "fair game" because of negative public relations it caused, although the Church's aggressive response to criticism continued.
Bare-Faced Messiah: The True Story of L. Ron Hubbard is a posthumous biography of Scientology founder L. Ron Hubbard by British journalist Russell Miller. First published in the United Kingdom on 26 October 1987, the book takes a critical perspective, challenging the Church of Scientology's account of Hubbard's life and work. It quotes extensively from official documents acquired using the Freedom of Information Act and from Hubbard's personal papers, which were obtained via a defector from Scientology. It was also published in Australia, Canada and the United States.
Cyril Ronald Vosper was an anti-cult leader, former Scientologist and later a critic of Scientology, deprogrammer, and spokesperson on men's health. He wrote The Mind Benders, which was the first book on Scientology to be written by an ex-member, and the first critical book on Scientology to be published.
The Mind Benders was written by Cyril Vosper, a Scientologist of 14 years who had become disillusioned, Published in 1971 and reprinted in 1973, it was the first book on Scientology to be written by an ex-member and the first critical book on Scientology to be published. It describes the lower levels of Scientology and its philosophy in detail and also includes the story of Vosper's expulsion from the Church.
A Piece of Blue Sky: Scientology, Dianetics and L. Ron Hubbard Exposed is a 1990 book about L. Ron Hubbard and the development of Dianetics and Scientology, authored by British former Scientologist Jon Atack. It was republished in 2013 with the title Let's sell these people A Piece of Blue Sky: Hubbard, Dianetics and Scientology. The title originates from a quote of Hubbard from 1950; an associate of Hubbard's noted him saying that he wanted to sell potential members "a piece of blue sky".
Scientology: The Now Religion is a book on Scientology, written by George Malko. The book was the first full-length analysis of the history surrounding the founding of the Church of Scientology, and L. Ron Hubbard. The author conducted interviews with members, and provides analysis about certain practices. The book was published in 1970 in Hardcover format by Delacorte Press, and then in a paperback edition in 1971, by Dell Publishing. The Church of Scientology fought to prevent the sale of the book.
Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991), was a landmark decision by the Supreme Court of the United States establishing that information alone without a minimum of original creativity cannot be protected by copyright. In the case appealed, Feist had copied information from Rural's telephone listings to include in its own, after Rural had refused to license the information. Rural sued for copyright infringement. The Court ruled that information contained in Rural's phone directory was not copyrightable and that therefore no infringement existed.
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations.
Greene v Associated Newspapers Ltd [2004] EWCA Civ 1462 is a case of the Court of Appeal of England and Wales that governs the use of injunctions against publication in alleged defamation cases. Greene, a businesswoman, sought an injunction against Associated Newspapers Ltd to prevent them publishing alleged links with Peter Foster; while they claimed to have emails showing links, she asserted that they were false. The test at the time for a preliminary injunction in defamation cases was Bonnard v Perryman, where it was established that the applicant has to show "a real prospect of success" at trial. The Human Rights Act 1998 established that judges should consider whether applicants are "more likely than not" to succeed at trial, a test applied to confidentiality cases in Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd. Greene claimed that the Cream test should be applied rather than the Bonnard test.
Pro Sieben Media v Carlton Television [1999] 1 WLR 605 was a decision by the Court of Appeal of England and Wales over the fair dealing exception to United Kingdom copyright law. ProSieben had broadcast an interview on Taff with Mandy Allwood, a woman who was pregnant with octuplets. Carlton Television produced a current affairs program that used a 30 second extract from this interview, and had copied the entire program for the purposes of selecting the extract to be used. Pro Sieben Media sued Carlton, alleging copyright infringement, while Carlton argued that the use of the extract constituted fair dealing, as it was for the purposes of criticism or review, or for reporting current events.
Fair dealing in United Kingdom law is a doctrine which provides an exception to United Kingdom copyright law, in cases where the copyright infringement is for the purposes of non-commercial research or study, criticism or review, or for the reporting of current events. More limited than the United States doctrine of fair use, fair dealing originates in Sections 29 and 30 of the Copyright, Designs and Patents Act 1988, and requires the infringer to show not only that their copying falls into one of the three fair dealing categories, but also that it is "fair" and, in some cases, that it contains sufficient acknowledgement for the original author. Factors when deciding the "fairness" of the copying can include the quantity of the work taken, whether it was previously published, the motives of the infringer and what the consequences of the infringement on the original author's returns for the copyrighted work will be.
In Canada, the Copyright Act provides a monopoly right to owners of copyrighted works. This implies no person can use the work without authorization or consent from the copyright owner. However, certain exceptions in the Act govern circumstances where a work will not be held to have been infringed.
Fair dealing is a statutory exception to copyright infringement, and is also referred to as a user's right. According to the Supreme Court of Canada, it is more than a simple defence; it is an integral part of the Copyright Act of Canada, providing balance between the rights of owners and users. 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, and the dealing must be considered fair as per the criteria established by the Supreme Court of Canada.
Civic Chandran v. Ammini Amma is a landmark case in Indian copyright law decided by Kerala High Court in which the judgment held that even substantial copying of copyrighted work is permissible under the fair dealing exception; if the copying is in public interest.
This is a bibliography of books critical of Scientology and the Church of Scientology, sorted by alphabetical order of titles.
