An appeal has been filed in the Warman v. Fournier, a notable federal court copyright case that addressed liability for linking and insubstantial copying. I wrote about the earlier decision here.
Post Tagged with: "copyright"
The Nexus of Copyright and Intellectual Privacy
Alex Cameron, a lawyer with Faskens, recently obtained his doctorate in law from the University of Ottawa (I served on the examination panel at his defence). He has posted his important thesis examining the nexus between copyright and intellectual privacy, which is available here.
The Economist on Canadian Copyright Law
The Economist focuses on new copyright rules for the digital age, rightly pointing to Bill C-11 as “setting a new standard of permissiveness” (though it neglects to mention the restrictive digital lock rules).
The Supreme Court of Canada Speaks: How To Assess Fair Dealing for Education
I’ve posted several pieces on these issues (fair use in Canada, technological neutrality, impact on Access Copyright), but given the ongoing efforts to mislead and downplay the implications of the decisions, this long post pulls together the Supreme Court’s own language on how to assess fair dealing. The quotes come directly from the three major fair dealing decisions: CCH Canadian, Access Copyright, and SOCAN v. Bell Canada.
Note that this post is limited to the Court’s decisions and does not focus on the changes in Bill C-11. The legislative reforms provide additional support for education as they include the expansion of fair dealing to include education as a purposes category, a cap of $5000 on statutory damages for all non-commercial infringement, a non-commercial user generated content provision, an education exception for publicly available on the Internet, a new exception for public performances in schools, and a technology-neutral approach for the reproduction of materials for display purposes that may apply both offline and online.
How the Supreme Court of Canada Doubled Down on Users’ Rights in Copyright
The shift began in 2002 with the Theberge decision, in which Justice Binnie for the majority discussed the copyright balance:
Recent Posts
The Law Bytes Podcast, Episode 237: A Conversation with Jason Woywada of BCFIPA on Political Party Privacy and Bill C-4 
Lawful Access on Steroids: Why Bill C-2’s Big Brother Tactics Combine Expansive Warrantless Disclosure with Unprecedented Secrecy 
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
