Post Tagged with: "fair use"

The Case for Fair Use in Canada

Last week I delivered an invited talk to Canadian Heritage's Copyright Policy Branch on fair use.  The talk, which is apparently one of several they have planned on the issue, was in response to the increasing attention being paid to the limitations of fair dealing and the benefits of expanding fair dealing or adopting a U.S. style fair use provision.

There is no podcast version of the talk, though you can view it below. 

The talk opens by speculating on why fair use has emerged as a "hot issue." I point to several factors including the emphasis on balance within copyright, the consequences of digitization, and the growing class of creators focused on access.  I also note that the emphasis on DRM and anti-circumvention legislation may also play a role since they exacerbate interoperability concerns that some hope can be solved by fair use.

After a brief legal backgrounder and an acknowledgement that fair use is not a panacea, I proceeded to identify seven reasons why Canada should expand the fair dealing provision.  My seven are:

Read more ›

January 25, 2007 1 comment News

Entwistle on Copyright

I have been remiss in not calling attention to a speech last week to the Chamber of Commerce from Telus CEO Darren Entwistle.  While competitors such as Bell and Rogers stay silent on the sidelines, Telus is emerging as a leading industry voice for a copyright policy that encourages innovation, compensation for artists, and full respect for consumer rights.  It is not everyday that the CEO of a major Canadian company says "lastly, and perhaps most importantly, it is time to update our copyright regime" and then proceeds to outline a vision that focuses on robust fair use rather than dangerous anti-circumvention legislation.

Given their importance, Entwistle's copyright comments merit a full quote:

Read more ›

October 25, 2006 8 comments News

Artists Who Fear Copyright

The Globe and Mail turns its attention to copyright law this morning with a feature on the Appropriation Art coalition that has brought together hundreds of Canadian artists who have called on the government to reject anti-circumvention legislation and to expand the current fair dealing provision so that it covers […]

Read more ›

July 5, 2006 4 comments News

Hundreds of Canadian Artists Call for Balanced Copyright

More than 500 Canadian art professionals have formed a new coalition to call on the government to take a balanced approach to copyright reform.  Appropriation Art: A Coalition of Arts Professionals, includes arts organizations from Alberta, BC, Quebec, Ontario, and Saskatchewan along with hundreds of artists from across Canada.  The […]

Read more ›

June 6, 2006 2 comments News

The Rise of the Clip Culture

My weekly Law Bytes column (homepage version, Toronto Star version, international BBC version) examines the rise of the "clip culture" which has driven the remarkable growth of video sharing sites such as The column highlights the different types of clips and discusses the legal and business implications that video sharing is beginning to generate. 

Read more ›

March 20, 2006 Comments are Disabled Columns