Post Tagged with: "fair dealing"

Globe on Angus Fair Dealing Motion: A Welcome Move

The Globe and Mail's masthead editorial today comments on the Angus fair dealing motion: "Mr. Angus also tabled a motion that would expand the Copyright Act's definition of "fair dealing," allowing the reasonable use of copyrighted materials for innovation, research and study – a welcome move."

March 19, 2010 — Comments are Disabled — News

CFS Expresses Support For Fair Dealing Motion

The Canadian Federation of Students has issued a release expressing its support for NDP MP Charlie Angus' motion on flexible fair dealing.

March 17, 2010 — Comments are Disabled — News

Angus Introducing Private Copying Levy Bill, Flexible Fair Dealing Motion

NDP MP Charlie Angus has shaken up the copyright reform process today with a pair of proposed measures. The first is a private member's bill that would expand the scope of the private copying levy to include digital audio recorders (DARs) such as iPods. Bill C-499 comes as a response to earlier court cases that ruled that DARs are beyond the scope of the current law. The second is a motion (M-506) that calls for support to reform the Copyright Act's fair dealing provision by adding the words "such as" to make the current list of fair dealing categories illustrative rather than exhaustive. In addition, the motion codifies the six criteria discussed in Canadian caselaw for determining whether a particular use of a work qualifies as fair dealing.

I'm certainly supportive of Angus' effort to push copyright issues into the spotlight. I'm particularly supportive of the motion on fair dealing. The motion states:

Fair Dealing Provisions within the Copyright Act

That, in the opinion of the House, the government should amend section 29 of the Copyright Act in such a way as to expand the Fair Dealing provisions of the act; specifically by deleting section 29. and inserting the words,

29. Fair dealing of a copyrighted work for purposes such as research, private study, criticism, news reporting or review, is not an infringement of copyright.

29.1 In determining whether the dealing made of a work in any particular case is fair dealing, the factors to be considered shall include,

(a) the purpose of the dealing;
(b) the character of the dealing;
(c) the amount of the dealing;
(d) alternatives to the dealing;
(e) the nature of the work; and
(f) the effect of the dealing on the work.

This approach is precisely what thousands of Canadians supported during last summer's copyright consultation. It strikes the right balance – it's fair dealing, not free dealing – and it is based on current Canadian jurisprudence. Greater fair dealing flexiblity benefits creators, innovators, educators, and the broader public. The motion deserves strong support from all parties.

March 16, 2010 — 54 comments — News

Trosow on Why Copyright Fair Dealing Needs Flexiblity

UWO's Sam Trosow has posted a column on why Canada should enact a flexible fair dealing provision.

March 15, 2010 — 2 comments — News

World’s Fair Use Day: Much Work Left in Canada

Today Public Knowledge is sponsoring World's Fair Use Day, described as a day to celebrate the doctrine of fair use and the benefits it brings to creators, innovators, and consumers. As many readers will know, Canada does not have a fair use provision but rather one called fair dealing. Given the focus on fair use, it is worth considering both the breadth of fair dealing in Canada as well as its limits. For those supportive of fair dealing, the good news is that the Supreme Court of Canada has ruled that it is a user right. In CCH Canadian v. Law Society of Upper Canada, a unanimous court ruled:

Before reviewing the scope of the fair dealing exception under the Copyright Act, it is important to clarify some general considerations about exceptions to copyright infringement. Procedurally, a defendant is required to prove that his or her dealing with a work has been fair; however, the fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act than simply a defence. Any act falling within the fair dealing exception will not be an infringement of copyright. The fair dealing exception, like other exceptions in the Copyright Act, is a user’s right. In order to maintain the proper balance between the rights of a copyright owner and users’ interests, it must not be interpreted restrictively.

January 12, 2010 — 9 comments — News