Post Tagged with: "fair dealing"

Fair Dealing and the Effect on the Market

Ariel Katz has a must-read post that comprehensively examines fair dealing/fair use tests, demonstrating that “effect on the market” is not the predominant factor in assessing whether a particular dealing is fair. There is also a good discussion in the comments and a follow-up post from Howard Knopf.

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March 19, 2012 Comments are Disabled News

Closing Time on C-11: Help Stop the Final Push for SOPA-Style Reforms & Efforts to Gut Fair Dealing

The long road of Canadian copyright reform is nearing an end as the Bill C-11 committee concluded hearing from witnesses yesterday and indicated that it will begin a “clause-by-clause” review of the bill starting on Monday. While there will still be some additional opportunities for debate – third reading in the House of Commons, Senate review – the reality is that next week’s discussion will largely determine the future of Canadian copyright law.

For the thousands of Canadians that have participated in consultations and sent letters to their MPs, there is reason for concern. On one side, there are the major copyright lobby groups who have put forward a dizzying array of demands that would overhaul Bill C-11. As I described it in a post yesterday:

The net effect of the music industry demands represents more than a stunning overhaul of Bill C-11 as it is effectively calling for a radical reform of the Internet in Canada. Taken together, the proposals would require Internet providers to block access to foreign sites, take down content without court oversight, and disclose subscriber information without a warrant. On top of those demands, the industry also wants individuals to face unlimited statutory damages and pay a new iPod tax. If that were not enough, it also wants an expanded enabler provision that is so broadly defined as potentially capture social networking sites and search engines.

On the other side, there are groups such as Access Copyright that are calling on their members to urge the government and committee MPs to undo the Supreme Court of Canada’s CCH decision on fair dealing.

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March 8, 2012 40 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:

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March 7, 2012 3 comments News

Fair Dealing’s 100 Years of Solitude

Ariel Katz has a must-read post on the history of fair dealing. Katz states “the notion that if a purpose isn’t explicitly enumerated, it is categorically excluded from the purview of fair dealing, is antithetical to the purpose of the Copyright Act.  In order to encourage future innovation and creativity […]

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December 21, 2011 Comments are Disabled News

Fair Dealing, Copyright and the Haggadah

Ariel Katz has a great post that links the story of the four sons in the Passover Haggadah to copyright and fair dealing emphasizing the connection between education and freedom.

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December 12, 2011 1 comment News