The UK government is set to announce that all research funded by the government will be mandated as open access by 2014, ensuring that all taxpayer funded research will be freely available to anyone anywhere in the world.
News
Has Canada Effectively Shifted from Fair Dealing to Fair Use?
I focused on the court’s expansive view of fair dealing in an earlier post, but I think it is worth digging a bit deeper to ask whether Canada has now effectively shifted from fair dealing to fair use. The Copyright Act obviously still speaks of fair dealing, but the expansion by the courts and the legislature may have effectively rendered it very close to fair use.
Supreme Court of Canada Stands Up For Fair Dealing in Stunning Sweep of Cases
Led by Justice Abella, the court has reaffirmed that fair dealing is a user’s right that must be interpreted in a broad and liberal manner. In fact, the court provides further guidance on interpreting fair dealing with an emphasis on the need for a flexible, technology-neutral approach. In reading the decisions in the Access Copyright and song previews cases, it is hard to imagine a bigger victory for education, Internet users, and innovative companies. This post will provide some quick key points in the Access Copyright and song previews decisions.
The Access Copyright case has enormous implications for education and copyright in Canada. With the court’s strong endorsement of fair dealing in the classroom, it completely eviscerates much of Access Copyright’s business model and calls into question the value of the model licence signed by many Canadian universities. Writing for the majority, Abella adopts several crucial findings, not the least of which is that fair dealing is a user’s right. Piece by piece, Abella tears apart Access Copyright’s claims. First, she says the attempt by Access Copyright to separate teacher copies for students and students making their own copies should be rejected. The court states:
UK MEP Calls for Revision of CETA to Remove ACTA Provisions
Nigel Farage, a UK Member of the European Parliament, has tabled a question to the European Commission that asks if it “will undertake a revision of the EU-Canada deal to remove all proposals similar to ACTA.” Farage says that CETA should be thoroughly revised to remove anything that would implement […]
Mexico Signs ACTA Amid Speculation It Was Price of TPP Admission
Despite a Mexican Senate recommendation not to do so, Mexico unexpectedly signed the Anti-Counterfeiting Trade Agreement yesterday. There is some speculation that signing the agreement was a U.S. condition for joining the Trans Pacific Partnership talks. The Mexican Senate must still ratify the agreement for it to take effect.
Recent Posts
Government Reverses on Privacy and the Charter: Department of Justice Analysis Concludes Political Party Privacy Bill Raises No Charter of Rights Effects 
“Big Brother Tactics”: Why Bill C-2’s New Warrantless Disclosure Demand Powers Extend Far Beyond Internet and Telecom Providers 
Government Seeks To Exempt Political Parties From Privacy Laws Even As CRTC Reports They Are Leading Source of Spam Complaints 
The Law Bytes Podcast, Episode 236: Robert Diab on the Return of Lawful Access 
Government Remains Silent as it Eviscerates Political Party Privacy in Canada By Fast Tracking Bill C-4
