Comparing Fair Dealing with Fair Use: Why Fair Dealing Can Better Balance Copyright Interests?

Abstract

This paper conducts a comprehensive comparison of the two pivotal doctrines in copyright law: fair dealing and fair use, highlighting the balance between creators' rights and public access to knowledge. It examines the evolution of these doctrines within different historical and legal contexts, notably in Commonwealth nations favoring fair dealing, and the U.S., a robust advocate of fair use. The paper critically reflects on each doctrine's operational efficacy and practical implications, emphasizing their strengths and potential improvement areas. It argues for fair dealing's superiority in safeguarding creators' rights and fostering innovation while considering its integration with elements of the American fair use system's flexibility. Beyond this, this work also probes the potential of fair dealing to integrate elements of flexibility characteristic of the American fair use system. This contemplative exploration, enriched by legal insights and scholarly debates, paves the way for a proposed hybrid model, seamlessly blending the strengths of both doctrines.