Twenty years ago today the Supreme Court of Canada released CCH Canadian v. Law Society of Upper Canada, a decision that stands as perhaps the most consequential in Canadian copyright law history as it would firmly establish fair dealing as a users right and serve as the foundation for copyright law in Canada for decades to come. Leading off the hearing several months earlier for the Law Society was Scott Jolliffe, an IP litigator with the law firm Gowlings. Jolliffe was charged with arguing the fair dealing aspects of the case, but it was only at last moment that users right entered the picture. To mark its 20th anniversary, Jolliffe joins the Law Bytes podcast to talk about the CCH case, his strategy and insights from the hearing, and his thoughts on its impact many years later.
The podcast can be downloaded here, accessed on YouTube, and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.
Credits:
CPAC, Law Society of Upper Canada v. CCH Canadian Ltd. Hearing, Part One
Related posts:
The Law Bytes Podcast, Episode 180: Victoria Owen Sets the Record Straight on the State of Canadian Copyright Law and Content Licensing By Libraries and Educational Institutions
The Law Bytes Podcast, Episode 169: Alissa Centivany and Anthony Rosborough on Repairing Canada’s Right to Repair
The Law Bytes Podcast, Episode 183: Andres Guadamuz on the Battle Over Copyright and Generative AI
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Your essay is extraordinarily comprehensive and intriguing; I earnestly hope you will continue to provide me with similar content.
Where can i find the next episode? I’m listening while moving a closet. This is so nice!
I really hope you will keep sending me essays like this one because it is so interesting and thorough. gorilla tag
Scott Jolliffe, a Gowlings attorney and intellectual property litigator, opened the Law Society hearing a few months prior.