I found this article quite interesting [and relevant to the situation we are currently in] and it raises interesting questions. Although the article talks more specifically about trademarks, consider if there was a scientific report which outlined vital information regarding practices to promote pubic health. If such a paper or textbook was covered by copyright, would someone who infringes the copyright be covered by the public interest exception – or by fair dealing? It would seem producing and disseminating this information would be in the public interest, but there are also strong arguments of why the authors rights must also be protected. I find this an interesting scenario to apply the 6 factor fair dealing test, and find myself struggling with finding an answer.
Communications Law