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Fair dealing Fair. 
Dealing is a limitation and 

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exception to the exclusive, 
right? 

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Granted by copyright law to the 
author of A Creative work Fair. 

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Dealing is found in many of the 
common law. 

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Jurisdictions of the 
Commonwealth of Nations Fair, 

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dealing is an enumerated set of 
possible defenses against an 

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action for infringement of an 
exclusive, right of copyright. 

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Unlike the related United States
doctrine of fair use Fair. 

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Dealing cannot apply to any act,
which does not fall within one 

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of these categories. 
Although common law courts in 

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Some jurisdictions are less 
stringent than others in this 

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Regard in practice. 
However, such courts might rule 

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that actions with a commercial 
character which might be naively

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assumed to fall into one of 
these categories or in fact, 

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infringement of copyright as 
Fair, dealing is not as flexible

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a concept as the American 
concept of fair use. 

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There are similar limitations 
and exceptions to copyright such

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as the right to quote, also in 
the Berne convention and in the 

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laws of civil law jurisdictions 
by country United. 

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States. 
The parallel Concept in United 

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States, copyright laws, fair use
the term Fair. 

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Dealing has a different meaning 
in the u.s. it is a duty of full

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disclosure, imposed upon 
corporate officers, fiduciaries 

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and parties to contracts in the 
reported cases. 

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It usually arises in the context
of the implied, Covenant of 

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good, faith and fair dealing, 
which underlies the tort cause 

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of action for insurance. 
Bad faith Canada, the Canadian 

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concept of fair dealing is 
similar to that in the UK and 

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Australia, the fair dealing 
causes of the Canadian Copyright

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Act allow users to engage in 
certain activities relating to 

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research, private study, 
education parody, satire 

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criticism, review or news 
reporting with respect to 

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criticism review and news 
reporting the user must mention 

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the source of the material. 
Along with the name of the 

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author performer maker or 
broadcaster for the dealing. 

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To be fair prior to 2011, 
they're dealing in Canada, was 

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not definitely found to contain.
And for parity, unlike fair use 

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in the United States. 
But the Copyright Act has since 

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been amended to include parody 
and satire along with 

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educational use under its Fair, 
dealing Provisions, previously, 

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a Quebec Court of Appeal. 
In late, Productions of Auntie, 

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Sydney video V, Favreau August, 
4th 1999 had recognized. 

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That parity could potentially be
a critique, but it refused to 

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recognize the exception in that 
circumstance. 

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The 2004 ruling by the Supreme 
Court of Canada in CCH. 

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Limited V Law. 
Society of Upper Canada has gone

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far and clarifying, the concept 
of fair dealing in Canada, in 

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considering Fair dealing, the 
court makes the following 

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General observation. 
It is important to clarify. 

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Some general considerations 
about exceptions to copyright 

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infringement. 
Procedure Lee a defendant is 

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required to prove that his or 
her dealing with the work has 

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been Fair. 
However, the fair dealing 

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exception is, perhaps more 
properly understood as an 

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integral part of the Copyright 
Act than simply a defense and At

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falling within the fair. 
Dealing exception will not be an

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infringement of copyright the 
fair dealing exception, like 

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other exceptions in the 
Copyright Act is a user's. 

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Right? 
In order to maintain the proper 

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balance between the rights of a 
copyright owner and users 

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interests. 
It must not be interpreted 

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restrictively. 
Furthermore, by taking a liberal

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approach to the enumerated 
purposes of the dealing, the 

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court has made Fair dealing, or 
flexible reducing the gap 

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between this provision and u.s. 
fair, use it. 

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Then establishes six. 
Apple criteria for evaluating 

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Fair dealing. 
The purpose of the dealing is it

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for research private study, 
criticism review or news 

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reporting or additionally, since
2011, education parody or satire

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it expresses that these 
allowable purposes should not be

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given a restrictive 
interpretation, or this could 

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result in the undue restriction 
of users rights in particular, 

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the court gave a large and 
liberal interpretation to the 

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notion of research stating that 
lawyers carrying on the business

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of law for Profit or conducting 
research. 

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The character of the dealing, 
how are the works dealt with? 

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Was there? 
A single copy or were multiple 

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copies made were these copies 
distributed widely or to a 

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limited group of people was the 
copy destroyed after being used.

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What is the general Practice in 
the industry? 

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The amount of the dealing, how 
much of the work was used? 

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What was the importance of the 
infringed work quoting trivial 

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amounts May alone? 
Sufficiently established Fair. 

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Dealing is there would not be 
copyright infringement. 

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At all, in some cases, even 
quoting the entire work, maybe 

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Fair dealing. 
The amount of the work taken 

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must be fair in light of the 
purpose of the dealing 

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alternatives. 
To the dealing was a non 

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copyrighted equivalent of the 
work available to the user with 

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the dealing reasonably necessary
to achieve the ultimate purpose.

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The nature of the work copying 
from a work that has never been 

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published could be more fair 
than from a published work and 

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that it's reproduction with 
acknowledgement could lead to a 

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wider public dissemination of 
the work, one of the goals of 

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Copyright law is however, the 
work in question was 

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confidential. 
This may tip the scales towards 

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finding that the dealing was 
unfair effect of the dealing on 

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the work, is it likely to affect
the market of the original work?

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Although the effect of the 
dealing on the market of the 

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copyright owner is an important 
factor. 

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It is neither the only Factor 
nor the most important factor 

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that a court must consider in 
deciding at the dealing is fair 

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though, the Supreme Court 
outlined these six criteria, it 

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noted that in some contexts 
factors other than those Listed 

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may be relevant in determining. 
Whether a particular dealing is 

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fair on June 2nd 2010. 
The government of Canada 

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introduced Bill C32 an act to 
amend the Copyright Act, a 

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summary of the changes proposed 
by this bill. 

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In terms of fair dealing notes 
that C32 expands the scope of 

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the fair, dealing exception at 
section 29 of the ACT to include

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new purposes, education parody 
or satire. 

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The stated aims of the revised 
Bill were also to permit 

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businesses Educators and 
libraries to make greater use. 

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Of copyright material and 
digital form. 

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Bill C32 had not passed by the 
time the minority conservative 

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government faced a vote of no 
confidence and subsequently fell

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on March 25th, 2011 on September
29. 2011, the bill was 

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reintroduced to the 41st 
Parliament is Bill C11 with the 

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backing of a majority, 
conservative government, this 

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version of the copyright 
modernization act as passed into

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law. 
Simply put the fair dealing 

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amendment in section 29 of Bill,
C11 expands the First criteria 

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for evaluating Fair dealing the 
purpose of the dealing to 

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include education and parody or 
satire. 

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In addition to research private 
study criticism and review in a 

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press release, on the government
of Canada's balance. 

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Copyright site, the honorable 
James, more minister of Canadian

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Heritage and official languages 
notes that the revamped Bill 

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delivers, a common-sense balance
between the interests of 

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consumers and the rights of the 
creative Community critics of 

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the bill point to excessively 
restrictive digital lock 

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Amendments that they claim will 
create a situation where people 

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are entitled to use. 
Copyrighted content, lawfully, 

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but prevented from doing so 
United Kingdom Under the 

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copyright designs and patents 
Act 1988. 

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CDP a fair, dealing is limited 
to the following purposes. 

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Research and private study, both
must be non-commercial criticism

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or review or quotation and news.
Reporting sections, 29 3178 as 

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well as parity caricature and 
Pasty. 

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Each section 38 and illustration
for teaching, although not 

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actually defined as a fair 
dealing incidental, inclusion of

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a copyrighted work in an 
artistic work, sound recording 

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film broadcast or cable. 
Program does not infringe 

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copyright. 
Since 2014, the UK has protected

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the fair dealing exceptions from
override by contracts or 

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contractual terms. 
And conditions contrary to the 

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often stated view the provisions
of section. 29 of the CDP a do 

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not State the amount of an in 
copyright work. 

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Maybe copy for the purposes of 
non-commercial research or 

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private study or two single 
copies of the work where the 

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copies are made by the 
researcher or student himself. 

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Such restrictions only apply to 
copies made by or on behalf of a

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librarian by virtue of S40 or by
a person other than the 

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researcher student himself who 
knows or has reason to believe 

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that it will result in copies of
substantially. 

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The same material being provided
to more than one person at 

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substantially. 
The same time in for 

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substantially the same purpose. 
For copying beyond the 

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boundaries of fair dealing 
universities and schools in the 

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UK obtain licenses from a 
national copyright Collective. 

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The UK copyright, licensing 
agency CLA under these licenses 

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multiple copies of portions of 
copyrighted. 

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Works can be made for 
educational purposes. 

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The UK was the only member state
of the European Union that did 

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not have a private copy 
exception. 

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Since the high court quashed, 
the relevant regulations in our 

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basket and others be Secretary 
of State for business 

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innovation. 
Ation and skills ewhc 2041 

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admin. 
Consequently now commonplace 

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activities such as format. 
Shifting saving ones music 

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contained in their CDs, on their
MP3, players or on their 

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smartphones are illegal. 
But in practice the government 

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does not enforce this.
