Post Tagged with: "fair dealing"

The Canadian DMCA’s Talking Points

While some attendees were disappointed that Industry Minister Jim Prentice was not more responsive to the copyright questions posed at this weekend's open house, I found the comments very insightful since they provide a roadmap for how Prentice is likely to justify tomorrow's introduction of a Canadian DMCA.  I expect that the launch will include some well co-ordinated laudatory comments from groups like CRIA and the CMPDA, yet the Minister is likely to focus on four points to justify his "framework legislation":

1.   Canada Needs This Legislation To Meet Its International Treaty Obligations.  This is a reference to the World Intellectual Property Organization's Internet Treaties that Canada signed in 1997 but has not yet implemented or ratified.  While this is a bit rich coming from a government that has ratified Kyoto but not done much of anything to meet its obligations, there are two points worth making in response.  First, signing a treaty is not the same as ratifying (just ask the U.S. which is one of only two countries in the world to have signed the U.N. Convention on the Rights of the Child but not ratified it) – Canada is not offside on its international obligations on copyright because it has yet to act on the WIPO Treaties. Second, there is great flexibility on how a country chooses to implement those treaties.  It is simply not enough to claim that Canada has no choice.  We do.  We can meet the treaty standards and still protect fair dealing, privacy, consumer, and education interests.  It is Prentice's choice not to do so.

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December 10, 2007 7 comments News

Prentice To Oppose Canadian Universities

The Association of Universities and Colleges of Canada has issued its position paper on copyright reform.  If the bill coming next week is as expected, Industry Minister Jim Prentice will be issuing a major rejection of the concerns of Canada's higher education community.  The AUCC has listed four recommendations – […]

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December 5, 2007 2 comments News

Patry on Canadian Copyright

Leading U.S. copyright expert Bill Patry says Canada leads the way on fair dealing.

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October 29, 2007 Comments are Disabled Must Reads

Copyright Board Rules Music Previews Constitute Fair Dealing

The Copyright Board of Canada has just issued the first part of its decision in the long-running (since 1996) Tariff 22 case.  The Board is prepared to establish a tariff for the communication of musical works over the Internet and  while much of the decision is devoted to economic analysis, several key legal questions are addressed.  Of greatest interest is its conclusion that offering music previews (ie. a portion of a song) constitutes fair dealing under Canadian copyright law as it can be characterized as copying for the purpose of research.  This decision – which is right in my view – highlights the very broad nature of fair dealing following the Supreme Court of Canada's CCH decision. 

The Board rightly notes that listening to an excerpt of a work is consumer research into whether they might like to purchase the song, concluding that:

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October 18, 2007 9 comments News

Copyright Board On Municipal Architecture Plans

Howard Knopf accurately predicted this change in Copyright Board policy – the Board will no longer issue licenses for architectural plans held in municipal archives because it does not believe licenses are needed.

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September 11, 2007 Comments are Disabled Must Reads