Post Tagged with: "cch"

Copyright Users’ Rights in Canada Hits Ten: The Tenth Anniversary of the CCH Decision

As Meera Nair noted last week, today marks the tenth anniversary the Supreme Court of Canada’s landmark CCH Canadian v. Law Society of Upper Canada. A decade after its release, the case has grown in stature as the leading the users’ rights copyright decision by a high court in the world. Writing for a unanimous court, Chief Justice McLachlin stated:

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. As Professor Vaver, supra, has explained, at p. 171: ‘User rights are not just loopholes. Both owner rights and user rights should therefore be given the fair and balanced reading that befits remedial legislation.’

The articulation of fair dealing as a users’ right represented a remarkable shift, emphasizing the need for a copyright balance between the rights of creators and the rights of users. While this approach unquestionably strengthened fair dealing, the immediate reaction to the CCH was somewhat mixed.

March 4, 2014 — 2 comments — News

Bill C-11 Extremism Continues: The Attack on Fair Dealing

The extremist demands on Bill C-11 are not limited to the music industry’s massive overhaul of Canadian copyright reform that would require Internet providers to block access to foreign sites, take down content without court oversight, and disclose subscriber information without a warrant. Over the past two days, several groups have also taken aim at fair dealing. While those groups start by focusing on the extension of fair dealing in Bill C-11 to include parody, satire, and education, under questioning it becomes clear that they their real target is the full fair dealing provision and the desire to undo the Supreme Court of Canada’s CCH decision.

On Monday, the Writers’ Union of Canada told the committee:

March 7, 2012 — 3 comments — News

Access Copyright to the Supreme Court: No Need for Greater Fair Dealing Certainty

With Bill C-32 heading for second reading tomorrow, the inclusion of education as a fair dealing category looms as one of the big issues. Groups such as Access Copyright oppose the reform and argue that legislative guidance on the scope of fair dealing is needed. It turns out, however, that Access Copyright is prepared to argue precisely the opposite position when it suits. This past summer, the copyright collective won a major fair dealing case at the Federal Court of Appeal, leading some education groups to seek leave to appeal the decision to the Supreme Court of Canada. Access Copyright is opposed to the leave application and its memorandum to the court says the current six part fair dealing test is good enough. In particular, it argues:

November 1, 2010 — 18 comments — News

Federal Court Ruling Shows Copyright Fair Dealing Fears Greatly Exaggerated

Appeared in the Hill Times on August 2, 2010 as Federal Court Ruling Shows Copyright Fair Dealing Fears Greatly Exaggerated The introduction of long-awaited copyright reform legislation has generated considerable discussion among Canadians about whether the latest bill strikes the right balance. While concern over Bill C-32’s digital lock rules […]

August 2, 2010 — Comments are Disabled — Columns Archive

McKennitt Op-Ed: “Pirates are Killing Musicians, Composers, Lyricists, Even Popcorn Vendors”

Loreena McKennitt published an op-ed supporting copyright reform in the Winnipeg Free Press over the weekend that focuses on the harm of infringement and the need for C-32. The piece raises at least a couple of issues. First, there is the claim that "even popcorn sellers are struggling to stay alive" in light the current state of Canadian copyright law. This claim arises from some declining interest in big music tours, which is taken as evidence that performances are not a viable alternative for many musicians. What copyright reform has to do with concert venues, performers or popcorn sellers is anyone's guess – promoters of struggling music tours say it has everything to do with a tough economy, competition for the entertainment dollar, and high ticket prices rather than music downloads or IP enforcement. Copyright reform won't change the financial dynamics of the touring industry, which will presumably still leave those same popcorn vendors struggling to stay alive.

If the McKennitt piece was limited to the popcorn claim, it would merely join previous attempts to link copyright with the success of the corn industry (see Rick Cotton of NBC Universal). However, McKennitt also challenges the very notion of user rights in copyright, calling them "so-called user rights" which she says is used by activists and academics as "crafted language."

July 6, 2010 — 99 comments — News