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The Case for Fair Use in Canada

Last week I delivered an invited talk to Canadian Heritage's Copyright Policy Branch on fair use.  The talk, which is apparently one of several they have planned on the issue, was in response to the increasing attention being paid to the limitations of fair dealing and the benefits of expanding fair dealing or adopting a U.S. style fair use provision.

There is no podcast version of the talk, though you can view it below. 

The talk opens by speculating on why fair use has emerged as a "hot issue." I point to several factors including the emphasis on balance within copyright, the consequences of digitization, and the growing class of creators focused on access.  I also note that the emphasis on DRM and anti-circumvention legislation may also play a role since they exacerbate interoperability concerns that some hope can be solved by fair use.

After a brief legal backgrounder and an acknowledgement that fair use is not a panacea, I proceeded to identify seven reasons why Canada should expand the fair dealing provision.  My seven are:

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January 25, 2007 1 comment News

Publishers Against Open Access

Nature has a disturbing story on publisher plans to fight open access.

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January 25, 2007 2 comments News

CIPPIC Files Complaint in Data Breach Case

The Canadian Internet Policy and Public Interest Clinic has filed a formal complaint with the Canadian Privacy Commissioner, requesting a formal investigation into the widely-reported security breach suffered by the Winners group of companies, and affecting consumers who shop at any Winners or HomeSense store in Canada. CIPPIC is concerned […]

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January 25, 2007 Comments are Disabled News

CBC on Online Video Sharing

I spent an hour yesterday talking about the impact of online video and social media on CBC's Ontario Today.  The discussion and callers highlighted the great benefits (ie. musician talking about the benefits of the Internet) and the anxiety that some parents feel about their kids interaction with MySpace, Facebook, […]

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January 24, 2007 1 comment News

Why the WIPO Development Agenda Matters

If a picture tells a thousand words, this chart, which graphically demonstrates global royalty flows, instantly demonstrates why the development agenda deserves our support and why Canada – alongside virtually every other country – will continue to face enormous pressure from the U.S. on IP policy.  Note in particular the […]

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January 24, 2007 4 comments News