AUCC Post C-32 Position Paper: Focus on Fair Dealing and Digital Locks

The Association of Universities and Colleges of Canada has posted its position paper on Bill C-32.  The AUCC is calling for the six factor test from the Supreme Court to be incorporated into fair dealing and for the bill “to permit the breaking of digital locks for any purpose that does not infringe copyright, and to permit the provision, marketing or importation of devices and services to enable digital locks to be broken for a non-infringing purpose.”

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  1. I can understand
    the rationale for incorporating the six factor test into the bill. This makes it clear(-ish) what criteria are used.

    However, I can also understand the rationale for not including it… not including it means it really then has a similar status to guidance as to the criteria; when this criteria is found to be insufficient (and eventually it will, along with the rest of the set of fair dealing exemptions) it does not require an act of Parliament to modify the guidelines.

    At the end of the day, there are pros and cons for incorporating the six factor into law. Where you stand on this would depend on what impact the six factor test has on you. If you are happy to live with the test, then I suspect you’d lean to incorporation. However, if you are more affected by changing technology and societal pressures, you may well lean to the non-incorporating camp.

    Is one point of view right and the other wrong? I would say no (I admit to leaning to the non-incorporation side).

  2. Sandy Crawley says:

    Berne 3 step test preserable and please link a relevent document
    The Berne three step test would be a much better tool to invoke within C-32.

    TO THE MODERATOR: I hope and expect you will post a link to the joint statement released today (Feb3) by over 80 organizations representing the cultural industries in Canada.

    You’ll find it here:

  3. “Cultural industries”?

    That’s a laugh.

  4. john
    I think the three step test might refer to the Stockholm convention that was incorporated into the Berne convention , in 1967?.