Liberal leader Michael Ignatieff is on a campus tour this week and sources report that he is being asked about Canadian copyright policy at every stop. He responds that Canadian copyright policy must not be dictated by Washington. He says that Canada needs its own policies and is encouraging students […]
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Nature Editorial Criticizes Canadian Science Policy
A new editorial from Nature criticizes Canadian science policy: Some critics say Canada has no science policy at all. Others say it has unwritten laws that seem to let it muddle along. But muddling along isn't good enough in today's tough economic climate. Canada needs a bigger vision of where […]
World’s Fair Use Day: Much Work Left in Canada
Today Public Knowledge is sponsoring World's Fair Use Day, described as a day to celebrate the doctrine of fair use and the benefits it brings to creators, innovators, and consumers. As many readers will know, Canada does not have a fair use provision but rather one called fair dealing. Given the focus on fair use, it is worth considering both the breadth of fair dealing in Canada as well as its limits. For those supportive of fair dealing, the good news is that the Supreme Court of Canada has ruled that it is a user right. In CCH Canadian v. Law Society of Upper Canada, a unanimous court ruled:
Before reviewing the scope of the fair dealing exception under the Copyright Act, it is important to clarify some general considerations about exceptions to copyright infringement. Procedurally, a defendant is required to prove that his or her dealing with a work has been fair; however, the fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act than simply a defence. Any act falling within the fair dealing exception will not be an infringement of copyright. The fair dealing exception, like other exceptions in the Copyright Act, is a user’s right. In order to maintain the proper balance between the rights of a copyright owner and users’ interests, it must not be interpreted restrictively.
EU Demands for Trade Deal Would Reshape Canadian IP Law
More than 20 years ago, Canada negotiated a free trade agreement with the United States that attracted enormous public attention. The first FTA – to be followed a few years later by the North American Free Trade Agreement that brought Mexico into the mix – played a pivotal role in a national election and ultimately resulted in dramatic changes to the economy and Canadian law.
My weekly technology law column (Toronto Star version, homepage version) notes that earlier this year, Canada and the European Union announced plans to negotiate a Comprehensive Economic and Trade Agreement (CETA), possibly the biggest Canadian trade negotiations since NAFTA. The first round of talks took place in Ottawa in October, yet the treaty has generated practically no public scrutiny. That may change following the leak last week of the European Union's proposed intellectual property chapter.
EU Demands for Trade Deal Would Reshape Canadian IP Law
More than 20 years ago, Canada negotiated a free trade agreement with the United States that attracted enormous public attention. The first FTA – to be followed a few years later by the North American Free Trade Agreement that brought Mexico into the mix – played a pivotal role in […]
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