Post Tagged with: "fair dealing"

30 Days of DRM – Day 13: Criticism, Review and News Reporting (Circumvention Rights)

Yesterday's posting covered the research and private study side of fair dealing. The other major component of the fair dealing user right is contained at Sections 29.1 and 29.2 of the Copyright Act, covering criticism, review, and news reporting.  Both sections permit fair dealing in a work for those purposes provided that the source is identified.  These user rights are equally an integral part of the Copyright Act and should not be unduly constrained. 

Indeed, with the emergence of citizen journalism and user generated content, these rights have assumed even greater importance.

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August 31, 2006 3 comments News

30 Days of DRM – Day 12: Research and Private Study (Circumvention Rights)

Section 29 of the Copyright Act contains one of the most important user rights in Canadian copyright law – fair dealing for the purpose of research or private study does not infringe copyright.  For many years, this provision was narrowly defined such that the education and library communities adopted relatively conservative approaches to defining what constituted fair dealing.  In recent years, however, Canada has experienced a dramatic shift in the vibrance and importance of fair dealing.  In a trio of cases, the Supreme Court of Canada strongly affirmed the need for balance in Canadian copyright law.  The shift began in the Theberge, where Justice Binnie, in discussing the copyright balance, stated that:

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August 30, 2006 Comments are Disabled News