Editing Talk:THIS
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For a communication to be considered a financial promotion, the communication must contain an element of invitation or inducement, amongst other things<ref>https://www.handbook.fca.org.uk/handbook/PERG/8/3.html</ref>; for a communication to be considered an invitation or inducement, the communication must “have the purpose or intent of leading a person to engage in investment activity".<ref>https://www.handbook.fca.org.uk/handbook/PERG/8/4.html#D620</ref> | For a communication to be considered a financial promotion, the communication must contain an element of invitation or inducement, amongst other things<ref>https://www.handbook.fca.org.uk/handbook/PERG/8/3.html</ref>; for a communication to be considered an invitation or inducement, the communication must “have the purpose or intent of leading a person to engage in investment activity".<ref>https://www.handbook.fca.org.uk/handbook/PERG/8/4.html#D620</ref> | ||
The purpose of the said communication (i.e. the ‘THIS thesis investment research report) is to help a person to make better investment decisions (i.e. it’s not lead a person to engage in investment activity). Indeed, the purpose of the communication is reflected in the communication’s monetization strategy (i.e. donations). In other words, the owner of the communication does not benefit from a person engaging in investment activities in the said investment (i.e. THIS); the owner benefits from a person making better investment decisions. Accordingly, it is the view of the Stockhub company that the said investment report is NOT a financial promotion. | |||
Accordingly, it is the view of the Stockhub company that the said investment report is NOT a financial promotion. | |||
== Does this investment report violate any copyright laws? == | == Does this investment report violate any copyright laws? == | ||
According to the Copyright, Designs and Patents Act 1988, "Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise) and provided that the work has been made available to the | According to the Copyright, Designs and Patents Act 1988, "Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise) and provided that the work has been made available to the public. | ||
Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair include: | Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair include: | ||
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* is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually only part of a work may be used | * is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually only part of a work may be used | ||
The relative importance of any one factor will vary according to the case in hand and the type of dealing in question. | |||
The | The reason for using the work is for review purposes, and, therefore, it is the view of Stockhub that using the work falls into the fair dealing category provided that 1) the used work is accompanied by a sufficient acknowledgement and 2) the work has been made available to the public. | ||
It is the | It is the opinion of Stockhub that using the work does not act as a substitute for the work; if anything, it acts as a complement. The work is a financial promotion, whereas the output of using the work is an investment research report. | ||
Additional useful information: facts cannot be copyrighted. | |||
This question is still being investigated. | |||
==References== | ==References== |