Canada is a country in the northern part of North America. Its ten provinces and three territories extend from the Atlantic to the Pacific and northward into the Arctic Ocean, covering 9.98 million square kilometres, making it the world's second-largest country by total area. Canada's southern border with the United States is the world's longest bi-national land border, its capital is Ottawa, its three largest metropolitan areas are Toronto and Vancouver. As a whole, Canada is sparsely populated, the majority of its land area being dominated by forest and tundra, its population is urbanized, with over 80 percent of its inhabitants concentrated in large and medium-sized cities, many near the southern border. Canada's climate varies across its vast area, ranging from arctic weather in the north, to hot summers in the southern regions, with four distinct seasons. Various indigenous peoples have inhabited what is now Canada for thousands of years prior to European colonization. Beginning in the 16th century and French expeditions explored, settled, along the Atlantic coast.
As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces; this began an accretion of provinces and territories and a process of increasing autonomy from the United Kingdom. This widening autonomy was highlighted by the Statute of Westminster of 1931 and culminated in the Canada Act of 1982, which severed the vestiges of legal dependence on the British parliament. Canada is a parliamentary democracy and a constitutional monarchy in the Westminster tradition, with Elizabeth II as its queen and a prime minister who serves as the chair of the federal cabinet and head of government; the country is a realm within the Commonwealth of Nations, a member of the Francophonie and bilingual at the federal level. It ranks among the highest in international measurements of government transparency, civil liberties, quality of life, economic freedom, education.
It is one of the world's most ethnically diverse and multicultural nations, the product of large-scale immigration from many other countries. Canada's long and complex relationship with the United States has had a significant impact on its economy and culture. A developed country, Canada has the sixteenth-highest nominal per capita income globally as well as the twelfth-highest ranking in the Human Development Index, its advanced economy is the tenth-largest in the world, relying chiefly upon its abundant natural resources and well-developed international trade networks. Canada is part of several major international and intergovernmental institutions or groupings including the United Nations, the North Atlantic Treaty Organization, the G7, the Group of Ten, the G20, the North American Free Trade Agreement and the Asia-Pacific Economic Cooperation forum. While a variety of theories have been postulated for the etymological origins of Canada, the name is now accepted as coming from the St. Lawrence Iroquoian word kanata, meaning "village" or "settlement".
In 1535, indigenous inhabitants of the present-day Quebec City region used the word to direct French explorer Jacques Cartier to the village of Stadacona. Cartier used the word Canada to refer not only to that particular village but to the entire area subject to Donnacona. From the 16th to the early 18th century "Canada" referred to the part of New France that lay along the Saint Lawrence River. In 1791, the area became two British colonies called Upper Canada and Lower Canada collectively named the Canadas. Upon Confederation in 1867, Canada was adopted as the legal name for the new country at the London Conference, the word Dominion was conferred as the country's title. By the 1950s, the term Dominion of Canada was no longer used by the United Kingdom, which considered Canada a "Realm of the Commonwealth"; the government of Louis St. Laurent ended the practice of using'Dominion' in the Statutes of Canada in 1951. In 1982, the passage of the Canada Act, bringing the Constitution of Canada under Canadian control, referred only to Canada, that year the name of the national holiday was changed from Dominion Day to Canada Day.
The term Dominion was used to distinguish the federal government from the provinces, though after the Second World War the term federal had replaced dominion. Indigenous peoples in present-day Canada include the First Nations, Métis, the last being a mixed-blood people who originated in the mid-17th century when First Nations and Inuit people married European settlers; the term "Aboriginal" as a collective noun is a specific term of art used in some legal documents, including the Constitution Act 1982. The first inhabitants of North America are hypothesized to have migrated from Siberia by way of the Bering land bridge and arrived at least 14,000 years ago; the Paleo-Indian archeological sites at Old Crow Flats and Bluefish Caves are two of the oldest sites of human habitation in Canada. The characteristics of Canadian indigenous societies included permanent settlements, complex societal hierarchies, trading networks; some of these cultures had collapsed by the time European explorers arrived in the late 15th and early 16th centuries and have only been discovered through archeological investigations.
The indigenous population at the time of the first European settlements is estimated to have been between 200,000
A patent is a form of intellectual property. A patent gives its owner the right to exclude others from making, using and importing an invention for a limited period of time twenty years; the patent rights are granted in exchange for an enabling public disclosure of the invention. In most countries patent rights fall under civil law and the patent holder needs to sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; the procedure for granting patents, requirements placed on the patentee, the extent of the exclusive rights vary between countries according to national laws and international agreements. However, a granted patent application must include one or more claims that define the invention. A patent may include many claims; these claims must meet relevant patentability requirements, such as novelty and non-obviousness. Under the World Trade Organization's TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an inventive step, are capable of industrial application.
There are variations on what is patentable subject matter from country to country among WTO member states. TRIPS provides that the term of protection available should be a minimum of twenty years; the word patent originates from the Latin patere, which means "to lay open". It is a shortened version of the term letters patent, an open document or instrument issued by a monarch or government granting exclusive rights to a person, predating the modern patent system. Similar grants included land patents, which were land grants by early state governments in the USA, printing patents, a precursor of modern copyright. In modern usage, the term patent refers to the right granted to anyone who invents something new and non-obvious; some other types of intellectual property rights are called patents in some jurisdictions: industrial design rights are called design patents in the US, plant breeders' rights are sometimes called plant patents, utility models and Gebrauchsmuster are sometimes called petty patents or innovation patents.
The additional qualification utility patent is sometimes used to distinguish the primary meaning from these other types of patents. Particular species of patents for inventions include biological patents, business method patents, chemical patents and software patents. Although there is some evidence that some form of patent rights was recognized in Ancient Greece in the Greek city of Sybaris, the first statutory patent system is regarded to be the Venetian Patent Statute of 1474. Patents were systematically granted in Venice as of 1474, where they issued a decree by which new and inventive devices had to be communicated to the Republic in order to obtain legal protection against potential infringers; the period of protection was 10 years.. As Venetians emigrated, they sought similar patent protection in their new homes; this led to the diffusion of patent systems to other countries. The English patent system evolved from its early medieval origins into the first modern patent system that recognised intellectual property in order to stimulate invention.
By the 16th century, the English Crown would habitually abuse the granting of letters patent for monopolies. After public outcry, King James I of England was forced to revoke all existing monopolies and declare that they were only to be used for "projects of new invention"; this was incorporated into the Statute of Monopolies in which Parliament restricted the Crown's power explicitly so that the King could only issue letters patent to the inventors or introducers of original inventions for a fixed number of years. The Statute became the foundation for developments in patent law in England and elsewhere. Important developments in patent law emerged during the 18th century through a slow process of judicial interpretation of the law. During the reign of Queen Anne, patent applications were required to supply a complete specification of the principles of operation of the invention for public access. Legal battles around the 1796 patent taken out by James Watt for his steam engine, established the principles that patents could be issued for improvements of an existing machine and that ideas or principles without specific practical application could legally be patented.
Influenced by the philosophy of John Locke, the granting of patents began to be viewed as a form of intellectual property right, rather than the obtaining of economic privilege. The English legal system became the foundation for patent law in countries with a common law heritage, including the United States, New Zealand and Australia. In the Thirteen Colonies, inventors could obtain patents through petition to a given colony's legislature. In 1641, Samuel Winslow was granted the first patent in North America by the Massachusetts General Court for a new process for making salt; the modern French patent system was created during the Revolution in 1791. Patents were granted without examination. Patent costs were high. Importation patents protected new devices coming from foreign countries; the patent law was revised in 1844 - patent cost was lowered and importation patents were abolished. The first Patent Act of the U. S. Congress was passed on April 10, 1790, titled "An Act to promote the progress of
A newspaper is a periodical publication containing written information about current events and is typed in black ink with a white or gray background. Newspapers can cover a wide variety of fields such as politics, business and art, include materials such as opinion columns, weather forecasts, reviews of local services, birth notices, editorial cartoons, comic strips, advice columns. Most newspapers are businesses, they pay their expenses with a mixture of subscription revenue, newsstand sales, advertising revenue; the journalism organizations that publish newspapers are themselves metonymically called newspapers. Newspapers have traditionally been published in print. However, today most newspapers are published on websites as online newspapers, some have abandoned their print versions entirely. Newspapers developed as information sheets for businessmen. By the early 19th century, many cities in Europe, as well as North and South America, published newspapers; some newspapers with high editorial independence, high journalism quality, large circulation are viewed as newspapers of record.
Newspapers are published daily or weekly. News magazines are weekly, but they have a magazine format. General-interest newspapers publish news articles and feature articles on national and international news as well as local news; the news includes political events and personalities and finance, crime and natural disasters. The paper is divided into sections for each of those major groupings. Most traditional papers feature an editorial page containing editorials written by an editor and expressing an opinion on a public issue, opinion articles called "op-eds" written by guest writers, columns that express the personal opinions of columnists offering analysis and synthesis that attempts to translate the raw data of the news into information telling the reader "what it all means" and persuading them to concur. Papers include articles which have no byline. A wide variety of material has been published in newspapers. Besides the aforementioned news and opinions, they include weather forecasts; as of 2017, newspapers may provide information about new movies and TV shows available on streaming video services like Netflix.
Newspapers have classified ad sections where people and businesses can buy small advertisements to sell goods or services. Most newspapers are businesses, they pay their expenses with a mixture of subscription revenue, newsstand sales, advertising revenue; some newspapers are at least government-funded. The editorial independence of a newspaper is thus always subject to the interests of someone, whether owners, advertisers, or a government; some newspapers with high editorial independence, high journalism quality, large circulation are viewed as newspapers of record. Many newspapers, besides employing journalists on their own payrolls subscribe to news agencies, which employ journalists to find and report the news sell the content to the various newspapers; this is a way to avoid duplicating the expense of reporting from around the world. Circa 2005, there were 6,580 daily newspaper titles in the world selling 395 million print copies a day; the late 2000s–early 2010s global recession, combined with the rapid growth of free web-based alternatives, has helped cause a decline in advertising and circulation, as many papers had to retrench operations to stanch the losses.
Worldwide annual revenue approached $100 billion in 2005-7 plunged during the worldwide financial crisis of 2008-9. Revenue in 2016 fell to only $53 billion, hurting every major publisher as their efforts to gain online income fell far short of the goal; the decline in advertising revenues affected both the print and online media as well as all other mediums. Besides remodeling advertising, the internet has challenged the business models of the print-only era by crowdsourcing both publishing in general and, more journalism. In addition, the rise of news aggregators, which bundle linked articles fro
Car dealerships in North America
In the United States and Canada, a franchised new-car and -truck dealership is a retailer that sells new and possibly used cars, including certified preowned vehicles, employs trained automotive technicians, offers financing. In the United States, direct manufacturer auto sales are prohibited in every state by franchise laws requiring that new cars be sold only by dealers. Used car dealers carry cars from many different manufacturers, while new car dealerships are franchises associated with only one manufacturer; some new car dealerships may carry multiple brands from the same manufacturer. In some locales, dealerships have been consolidated and a single owner may control a chain of dealerships representing several different manufacturers. New car dealerships sell used cars, take in trade-ins and/or purchase used vehicles at auction. Most dealerships provide a series of additional services for car buyers and owners, which are sometimes more profitable than the core business of selling cars. Most car dealerships display their inventory on a car lot.
Under U. S. federal law, all new cars must carry a sticker showing the offering price and summarizing the vehicle's features. Salespersons those who only work on commission, negotiate with buyers to determine a final sales price. In many cases, this includes negotiating the price of a trade-in—the dealer's purchase of the buyer's current automobile. Negotiation from the dealership's perspective is the actual to-and-fro that occurs when a salesperson works out a deal to a point where the customer is considering the vehicle and makes an offer on the new vehicle including the customer's current vehicle as part of the deal; the salesperson brings the offer, plus a sign of good faith from the customer, which can be a check with a deposit or a credit card to the sales manager where the monthly payment options and various pricing options that result are returned after the sales manager enters the information received from the salesperson into a CRM computer program. The result is referred to as "desking" the deal.
This is the final step of negotiation process. The information generated during the desking phase includes payment and pricing options and it requires the customer and sales manager to sign off on the option chosen; the next step is a purchase and sales agreement or a sales agreement and the actual monetary downpayment is generated. The manager and customer sign this paperwork and the customer is handed off to the "box" or the finance and insurance office where various add-ons are sold that include special waxing, wheel protection, or extended warranty services; the final paperwork is printed out at this phase. While some may believe that desking is part of the negotiation process, it only occurs once the salesperson has a legitimate offer on the vehicle from the customer and is able to hand the sales manager a token of good faith, as noted. A car dealer orders pays interest. Dealer holdbacks are a system of payments made by the manufacturers to their dealers; the holdback payments assist the dealer's ability to stock their inventory of vehicles and improves the profitability of dealers.
The holdback amount is around 1% to 3% of the vehicles' manufacturer's suggested retail price. Hold-back is not a negotiable part of the price a consumer would pay for the vehicle, but dealers will "give up" the dealer holdback to get rid of a car, sitting in its inventory for a long time, or if the additional sale will bring them up to the manufacturer's additional incentive payments for reaching unit bonus targets; the holdback was designed to help offset the cost the new car dealer has for paying interest on the money, borrowed to keep the car in inventory, but is in effect lowering the dealer's gross profit, thus the sales commissions paid to employees. The holdback allows dealerships to promote at- or near-invoice price sales and still achieve comfortable profits on such transactions. With the advent of the Internet, the process of selling cars has undergone a considerable change. More than 70% of car purchases in the United States start with research on the Internet; this empowers the buyers with the knowledge of features of comparable cars and the prices and discounts offered by different dealers within the same geographic area.
This helps the buyers during price negotiations and puts further pressure on the profit margin of the dealer. To an average dealer, the actual cash value of a trade is an opinion of what the vehicle could reasonably be sold for at auction in six weeks to three months time, less any reconditioning costs should the dealer be unable or unwilling to re-sell the trade to the public. Since most states have requirements for a dealer to warranty or guarantee a used vehicle for a certain amount of time and or mileage if sold to the public at a certain price, a dealer must make a profit selling the traded car. Trade in value is an important facet of the car deal. Trade value estimates can be found at sites such as NADA,KBB, CarGurus and Consumer Reports. However, most of these values are estimated from a theoretical chart that may or may not be based on recent average sales prices of a particular make and model. If a particular make and model has less accurate data available from recent auction prices the dealer will be more cautious in the appraisal of the car.
Inputting an identical used car on each of the above sites will render different values. Sometimes these values will differ slightly,while at other times their sites may differ significantly. A dealer may have a manager who appraises each vehicle of
Ontario is one of the 13 provinces and territories of Canada and is located in east-central Canada. It is Canada's most populous province accounting for 38.3 percent of the country's population, is the second-largest province in total area. Ontario is fourth-largest jurisdiction in total area when the territories of the Northwest Territories and Nunavut are included, it is home to the nation's capital city and the nation's most populous city, Ontario's provincial capital. Ontario is bordered by the province of Manitoba to the west, Hudson Bay and James Bay to the north, Quebec to the east and northeast, to the south by the U. S. states of Minnesota, Ohio and New York. All of Ontario's 2,700 km border with the United States follows inland waterways: from the west at Lake of the Woods, eastward along the major rivers and lakes of the Great Lakes/Saint Lawrence River drainage system; these are the Rainy River, the Pigeon River, Lake Superior, the St. Marys River, Lake Huron, the St. Clair River, Lake St. Clair, the Detroit River, Lake Erie, the Niagara River, Lake Ontario and along the St. Lawrence River from Kingston, Ontario, to the Quebec boundary just east of Cornwall, Ontario.
There is only about 1 km of land border made up of portages including Height of Land Portage on the Minnesota border. Ontario is sometimes conceptually divided into Northern Ontario and Southern Ontario; the great majority of Ontario's population and arable land is in the south. In contrast, the larger, northern part of Ontario is sparsely populated with cold winters and heavy forestation; the province is named after Lake Ontario, a term thought to be derived from Ontarí:io, a Huron word meaning "great lake", or skanadario, which means "beautiful water" in the Iroquoian languages. Ontario has about 250,000 freshwater lakes; the province consists of three main geographical regions: The thinly populated Canadian Shield in the northwestern and central portions, which comprises over half the land area of Ontario. Although this area does not support agriculture, it is rich in minerals and in part covered by the Central and Midwestern Canadian Shield forests, studded with lakes and rivers. Northern Ontario is subdivided into two sub-regions: Northeastern Ontario.
The unpopulated Hudson Bay Lowlands in the extreme north and northeast swampy and sparsely forested. Southern Ontario, further sub-divided into four regions. Despite the absence of any mountainous terrain in the province, there are large areas of uplands within the Canadian Shield which traverses the province from northwest to southeast and above the Niagara Escarpment which crosses the south; the highest point is Ishpatina Ridge at 693 metres above sea level in Temagami, Northeastern Ontario. In the south, elevations of over 500 m are surpassed near Collingwood, above the Blue Mountains in the Dundalk Highlands and in hilltops near the Madawaska River in Renfrew County; the Carolinian forest zone covers most of the southwestern region of the province. The temperate and fertile Great Lakes-Saint Lawrence Valley in the south is part of the Eastern Great Lakes lowland forests ecoregion where the forest has now been replaced by agriculture and urban development. A well-known geographic feature is part of the Niagara Escarpment.
The Saint Lawrence Seaway allows navigation to and from the Atlantic Ocean as far inland as Thunder Bay in Northwestern Ontario. Northern Ontario occupies 87 percent of the surface area of the province. Point Pelee is a peninsula of Lake Erie in southwestern Ontario, the southernmost extent of Canada's mainland. Pelee Island and Middle Island in Lake Erie extend farther. All are south of 42°N – farther south than the northern border of California; the climate of Ontario varies by location. It is affected by three air sources: cold, arctic air from the north; the effects of these major air masses on temperature and precipitation depend on latitude, proximity to major bodies of water and to a small extent, terrain relief. In general, most of Ontario's climate is classified as humid continental. Ontario has three main climatic regions; the surrounding Great Lakes influence the climatic region of southern Ontario. During the fall and winter months, heat stored from the lakes is released, moderating the climate near the shores of the lakes.
This gives some parts of southern Ontario milder winters than mid-continental areas at lower latitudes. Parts of Southwestern Ontario have a moderate humid continental climate, similar to that of the inland Mid-Atlantic states and the Great Lakes portion of the Midwestern United States; the region has warm to cold winters. Annual precipitation is well distributed throughout the year. Most of this region lies in the lee of the Great Lakes. In December 2010, the snowbelt set a new record when it was h
Bioprospecting is the process of discovery and commercialization of new products based on biological resources. These resources or compounds can be important for and useful in many fields, including pharmaceuticals, agriculture and nanotechnology, among others. Between 1981-2010, one third of all small molecule new chemical entities approved by the U. S. Food and Drug Administration were either natural products or compounds derived from natural products. Despite indigenous knowledge being intuitively helpful, bioprospecting has only begun to incorporate such knowledge in focusing screening efforts for bioactive compounds. Bioprospecting may involve biopiracy, the exploitative appropriation of indigenous forms of knowledge by commercial actors, can include the patenting of widely used natural resources, such as plant varieties, by commercial entities. Biopiracy was coined by Pat Mooney, to describe a practice in which indigenous knowledge of nature, originating with indigenous peoples, is used by others for profit, without authorization or compensation to the indigenous people themselves.
For example, when bioprospectors draw on indigenous knowledge of medicinal plants, patented by medical companies without recognizing the fact that the knowledge is not new or invented by the patenter, this deprives the indigenous community of their potential rights to the commercial product derived from the technology that they themselves had developed. Critics of this practice, such as Greenpeace, claim these practices contribute to inequality between developing countries rich in biodiversity, developed countries hosting biotech firms. In the 1990s many large pharmaceutical and drug discovery companies responded to charges of biopiracy by ceasing work on natural products, turning to combinatorial chemistry to develop novel compounds; the Maya ICBG bioprospecting controversy took place in 1999–2000, when the International Cooperative Biodiversity Group led by ethnobiologist Brent Berlin was accused of being engaged in unethical forms of bioprospecting by several NGOs and indigenous organizations.
The ICBG aimed to document the biodiversity of Chiapas and the ethnobotanical knowledge of the indigenous Maya people – in order to ascertain whether there were possibilities of developing medical products based on any of the plants used by the indigenous groups. The Maya ICBG case was among the first to draw attention to the problems of distinguishing between benign forms of bioprospecting and unethical biopiracy, to the difficulties of securing community participation and prior informed consent for would-be bioprospectors; the rosy periwinkle case dates from the 1950s. The rosy periwinkle, while native to Madagascar, had been introduced into other tropical countries around the world well before the discovery of vincristine. Different countries are reported as having acquired different beliefs about the medical properties of the plant; this meant that researchers could obtain local knowledge from one country and plant samples from another. The use of the plant for diabetes was the original stimulus for research.
Effectiveness in the treatment of both Hodgkin's Disease and leukemia were discovered instead. The Hodgkin's lymphoma chemotherapeutic drug vinblastine is derivable from the rosy periwinkle. In 1994, the U. S. Department of Agriculture and WR Grace received a European patent on methods of controlling fungal infections in plants using a composition that included extracts from the neem tree, which grows throughout India and Nepal. In 2000 the patent was opposed by several groups from EU and India including the EU Green Party, Vandana Shiva, the International Federation of Organic Agriculture Movements on the basis that the fungicidal activity of neem extract had long been known in Indian traditional medicine. WR Grace appealed and lost in 2005; the Enola bean is a variety of Mexican yellow bean, so called after the wife of the man who patented it in 1999. The distinguishing feature of the variety is seeds of a specific shade of yellow; the patent-holder subsequently sued a large number of importers of Mexican yellow beans with the following result: "...export sales dropped over 90% among importers, selling these beans for years, causing economic damage to more than 22,000 farmers in northern Mexico who depended on sales of this bean."
A lawsuit was filed on behalf of the farmers, on April 14, 2005 the US-PTO ruled in favor of the farmers. An appeal was heard on 16 January 2008, the patent was revoked in May 2008. A appeal to the court against the revocation was unsuccessful as of October 2nd, 2008. In 2000, the US corporation RiceTec attempted to patent certain hybrids of basmati rice and semidwarf long-grain rice; the Indian government intervened and several claims of the patent were invalidated. Hoodia, a succulent plant, originates from the Kalahari Desert of South Africa. For generations it has been known to the traditionally living San people as an appetite suppressant. In 1996 South Africa's Council for Scientific and Industrial Research began working with companies, including Unilever, to develop dietary supplements based on hoodia; the San people were not scheduled to receive any benefits from the commercialization of their traditional knowledge, but in 2003 the South African San Council made an agreement with CSIR in which they would receive from 6 to 8% of the revenue from the sale of Hoodia products.
In 2008 after having invested €20 million in R&D on hoodia as a potential ingredient in dietary supplements for weight loss, Unilever terminated the project because their clinical studies did not show that hoodia was safe and effective enough to bring to market. The followi
Fair use is a doctrine in the law of the United States 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 1710 Statute of Anne, an act of the Parliament of Great Britain, created copyright law to replace a system of private ordering enforced by the Stationers' Company. The Statute of Anne did not provide for legal unauthorized use of material protected by copyright. In Gyles v Wilcox, the Court of Chancery established the doctrine of "fair abridgement", which permitted unauthorized abridgement of copyrighted works under certain circumstances. Over time, this doctrine evolved into the modern concepts of fair dealing. Fair use was a common-law doctrine in the U.
S. until it was incorporated into the Copyright Act of 1976, 17 U. S. C. § 107. The term "fair use" originated in the United States. Although related, the limitations and exceptions to copyright for teaching and library archiving in the U. S. are located in a different section of the statute. A similar-sounding principle, fair dealing, exists in some other common law jurisdictions but in fact it is more similar in principle to the enumerated exceptions found under civil law systems. Civil law jurisdictions have other exceptions to copyright. In response to perceived over-expansion of copyrights, several electronic civil liberties and free expression organizations began in the 1990s to add fair use cases to their dockets and concerns; these include the Electronic Frontier Foundation, the American Civil Liberties Union, the National Coalition Against Censorship, the American Library Association, numerous clinical programs at law schools, others. The "Chilling Effects" archive was established in 2002 as a coalition of several law school clinics and the EFF to document the use of cease and desist letters.
Most in 2006, Stanford University began an initiative called "The Fair Use Project" to help artists filmmakers, fight lawsuits brought against them by large corporations. Examples of fair use in United States copyright law include commentary, search engines, parody, news reporting and scholarship. Fair use provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor test; the U. S. Supreme Court has traditionally characterized fair use as an affirmative defense, but in Lenz v. Universal Music Corp. the U. S. Court of Appeals for the Ninth Circuit concluded that fair use was not a defense to an infringement claim, but was an expressly authorized right, an exception to the exclusive rights granted to the author of a creative work by copyright law: "Fair use is therefore distinct from affirmative defenses where a use infringes a copyright, but there is no liability due to a valid excuse, e.g. misuse of a copyright." 17 U. S. C. § 107Notwithstanding the provisions of sections 17 U.
S. C. § 106 and 17 U. S. C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, news reporting, scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. The four factors of analysis for fair use set forth above derive from the opinion of Joseph Story in Folsom v. Marsh, in which the defendant had copied 353 pages from the plaintiff's 12-volume biography of George Washington in order to produce a separate two-volume work of his own; the court rejected the defendant's fair use defense with the following explanation: reviewer may cite from the original work, if his design be and to use the passages for the purposes of fair and reasonable criticism.
On the other hand, it is as clear, that if he thus cites the most important parts of the work, with a view, not to criticize, but to supersede the use of the original work, substitute the review for it, such a use will be deemed in law a piracy... In short, we must often... look to the nature and objects of the selections made, the quantity and value of the materials used, the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work. The statutory fair use factors quoted above come from the Copyright Act of 1976, codified at 17 U. S. C. § 107. They were intended by the prior judge-made law; as Judge Pierre N. Leval has written, the statute does not "define or explain contours or objectives." While it "leav open the possibility that other factors may bear on the question, the statute identifies none." That is, courts are entitled to consider other factors in addition to the four statutory factors. The first factor is "the purpose and character of the use, including whether