Having examined the importance of fair dealing for creators and freedom of expression, the fair dealing week posts continue with fair dealing and its support for news reporting and public debate. In recent months, some news organizations have taken aim at fair dealing, arguing that it is a detriment to […]
Post Tagged with: "fair dealing"
Why Fair Dealing Safeguards Freedom of Expression: The Case of the Vancouver Aquarium
Having discussed the importance of fair dealing for creators in yesterday’s post, today’s case looks at the link between freedom of expression and fair dealing. A recent case involving the Vancouver Aquarium placed the spotlight on how fair dealing can be used to safeguard freedom of expression, even when (indeed particularly when) a rights holder may prefer to use copyright to block the expression. In 2015, two film makers created a documentary on the Vancouver Aquarium called “Vancouver Aquarium Uncovered.” The film, which can now be viewed online, focuses on whales and dolphins in captivity. The Vancouver Aquarium filed a copyright infringement action, seeking to have the documentary removed from all public viewings and the deletion of photos and video clips shot at the aquarium.
Why Fair Dealing Benefits Creators: The Case of a Room Full of Spoons
Fair dealing debates often focus on education-related issues, but its role as a user’s right extends far beyond the classroom. As part of fair dealing week, I’ll be posting on several cases that highlight the importance of fair dealing for many other purposes. For example, last year an Ontario case highlighted how fair dealing is an essential legal right for creators. The Room is a well-known film (sometimes referred to as the Citizen Kane of bad movies) that was the subject of The Disaster Artist, a film released late last year starring James Franco. In 2016, a group of documentary film makers released Room Full of Spoons, which examined the popularity of The Room.
Fair Dealing Fake News: When Seeking a Refund Arising From Copyright Over-Payments Becomes a “Legal Attack on Writers”
With the Canadian copyright review likely to commence in a few weeks, the hysteria associated with fair dealing – much of it disconnected from the economic reality of spending on copyright works since 2012 – promises to hit a fever pitch. Access Copyright and the Writers Union of Canada got off to an early start in their reaction to a lawsuit filed last week by Canadian school boards and Ministries of Education seeking a refund for years of over-payments that has cost schools more than $25 million. The groups described the lawsuit as “an outrageous attack on Canada’s writers” and “simply intimidation.”
The Canadian Copyright Review in the Age of Technological Disruption
The Canadian government launched its much-anticipated copyright review last week, asking the Standing Committee on Industry, Science and Technology to conduct a study on the issue that is likely to run for much of 2018. My Globe and Mail op-ed notes that while the timelines suggest that major changes will have to wait until after the next election, the report will be the foundation for future reforms to Canadian copyright law.
The instruction letter to the committee from Innovation, Science and Economic Development Minister Navdeep Bains and Canadian Heritage Minister Mélanie Joly points to the challenges of copyright, which invariably engages a wide range of stakeholders with differing perspectives.
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