Post Tagged with: "National Post"

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Fair Dealing Support for News Reporting and Public Debate: The Case of Warman and National Post v. Fournier

Having examined the importance of fair dealing for creators and freedom of expression, the fair dealing week posts continue with fair dealing and its support for news reporting and public debate. In recent months, some news organizations have taken aim at fair dealing, arguing that it is a detriment to […]

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March 1, 2018 2 comments News

National Post Appears to Drop Fair Dealing Licensing System

Last week I wrote  about the National Post seeking $150 licences for posting short excerpts online. It appears that the paper has now dropped the system.

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March 12, 2013 1 comment Must Reads

Forget Fair Dealing: National Post Seeks $150 To License Short Excerpts

I’m a big fan of Chris Selley, the National Post writer behind Full Pundit, a daily look the Canadian editorial and opinion columns (last year Selley was also a vocal supporter of the much-needed Fire Ron Wilson campaign). The Full Pundit features a summary of the most notable editorial writing in Canadian media accompanied by quotations from the original works. I’m quite sure that Selley does not ask for permission to quote from those other works since fair dealing for news reporting purposes permits their use without the need to do so. Yet if someone wants to post a quote from Selley or anything else written by the National Post, they are now presented with pop-up box seeking a licence that starts at $150 for the Internet posting of 100 words with an extra fee of 50 cents for each additional word (the price is cut in half for non-profits).

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March 7, 2013 30 comments News

Cdn Fed Court Says No Copyright Infringement For Linking, Posting Several Paragraphs from Article

The Federal Court of Canada has issued an important decision involving copyright and posting content online. The case involves a lawsuit launched by Richard Warman and the National Post against Mark and Constance Fournier, who run the FreeDominion website. Warman and the National Post sued the site over the appearance of two articles and an inline link to photograph that appeared on the forum. The court dismissed all three claims.

While the first claim (Warman’s article) was dismissed on the basis that it took too long to file the lawsuit, the legal analysis on the National Post claim involving an article by Jonathan Kay assesses the copyright implications of posting several paragraphs from an article online. In this case, the article was 11 paragraphs long.  The reproduction on the Free Dominion site included the headline, three complete paragraphs and part of a fourth. The court ruled that this amount of copying did not constitute a “substantial part” of the work and therefore there was no infringement. The court added that in the alternative, the reproduction of the work was covered by fair dealing, concluding that a large and liberal interpretation of news reporting would include posts to the discussion forum.  The decision then includes an analysis of the six factor test and concludes that the use was fair.

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June 25, 2012 16 comments News

Could Placing Canada on the Priority Watch List Backfire?

Reaction to the inclusion of Canada on the Priority Watch List comes from an unlikely source – National Post political columnist Don Martin.  Martin writes about how President Obama is proving to be a dangerous man for Canada, using the Special 301 report as Exhibit One.  Martin writes: The latest […]

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May 1, 2009 14 comments News