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 […]
Post Tagged with: "fair dealing"
NDP MP Denise Savoie on C-32: Concerned With Digital Locks, Supports Fair Dealing
NDP MP Denise Savoie, who chairs the All-Party Arts Caucus, has written to a constituent with her views on C-32. Savoie expresses concern with the digital lock provisions and support for the fair dealing reforms, including the new exception for education.
Craig on Digital Locks and the Fate of Fair Dealing in Canada
Osgoode Hall's Carys Craig has a must-read article which appears in the Journal of World Intellectual Property, that warns against U.S. style implementation of anti-circumvention legislation. Craig offers several alternatives if the Canadian government moves forward with anti-circumvention rules, including TPM registration requirements, a clear link to actual infringement, and […]
Documentary Organization of Canada on Fair Dealing
The Documentary Organization of Canada has released a new guide for filmmakers on the use of fair dealing. The DOC remains supportive of a flexible fair dealing provision, but as it awaits the copyright bill has created this guide to better inform documentary film makers about how they can use […]
Federal Court of Appeal Rules Song Previews Can Be Fair Dealing
The Federal Court of Appeal today issued an important decision confirming the broad scope of fair dealing in Canada [link not yet available]. At issue was whether "research" within fair dealing could extend to song previews that are made available on sites like iTunes where a consumer can freely listen to roughly 30 seconds of a song. The Copyright Board of Canada ruled in 2007 that a broad and liberal interpretation of fair dealing meant that it could be included since the preview was effectively consumer research on whether to purchase the song. SOCAN disagreed and sought judicial review.
The Federal Court of Appeal has affirmed the Copyright Board's interpretation, opening the door to many other consumer research possibilities under the current fair dealing provision. While SOCAN argued that research should be limited to scientific-type inquiry in a formal setting, the court disagreed, stating:
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