Copyright's fair dealing exceptions enable easier access by users to copyright works. However, as in any market-oriented environment, they are susceptible in practice to contractual erosion. Whether contractual provisions that purport to oust a user's fair dealing privileges are effective at law is unsettled, not the least due to legislative silence. The issue is a complex one that meets at the intersection of the law, economics, and social policy. While not a black and white issue, it is submitted that the historical development of the fair dealing exceptions supports the position that fair dealing exceptions cannot be excluded by contract.
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