On Monday, the Writers’ Union of Canada told the committee:
On Monday, the Writers’ Union of Canada told the committee:
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 […]
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.
As for this particular hearing, the education institutions offered a confused and confusing argument. The problems started from the opening question, with Justice Rothstein opening the door to considering whether short excerpts might be treated insubstantial copying without the need for fair dealing and the schools simply dismissing the possibility. It went downhill from there as the arguments veered between confusing numbers and a failure to address the basic question of why the school’s copying met the six-factor fair dealing test. Access Copyright faced some challenges on the question of whose purpose is relevant when considering fair dealing (it wanted the focus on the teacher, the schools on the student), but the court seems very unlikely to overturn this decision.
There were several notable developments and lines of questioning. First, the fair dealing discussion that dominated the Bell v. SOCAN case would be familiar to anyone who has followed the debate on Bill C-11 as the usual suspects trotted out the usual scare tactics. The arguments included SOCAN likening music previews to ice cream samples (and therefore not worthy of being treated as research for fair dealing purposes), CRIA arguing for a “circumscribed definition of fair dealing”, and CSI claiming that including consumer research within fair dealing could put Canada offside its international obligations.
None of these arguments gained any real traction with the court.