Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

Canadian Federation of Students Releases C-32 Position Paper

The Canadian Federation of Students has issued a comprehensive position paper on Bill C-32.  It calls for the adoption of a flexible fair dealing provision and raises questions about the inclusion of the digital lock rules.  At a minimum, it calls for a link between circumvention and an infringing purpose […]

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February 2, 2011 Comments are Disabled News

More Canadians Speak Out on Bill C-32, Deadline Today

Today is the final day for Canadians to submit their comments on Bill C-32 to the legislative committee examining the bill.  New posts of submissions include Heather Morrison linking open access with copyright reform and Dylan McCall with a library perspective. Meanwhile, CBC.ca covers the politics behind the bill and […]

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January 31, 2011 6 comments News

Triangulation: My Interview with Leo Laporte and Tom Merritt

Last month I conducted an hour-long interview with Leo Laporte and Tom Merritt on a new TWiT program called Triangulation.  The interview focuses primarily on ACTA and Canadian copyright reform.

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January 28, 2011 1 comment News, News Interviews, Tv / Radio

Canadians Speaking Out on Bill C-32: Only Five Days Left

The House of Commons resumes next week with hearings on Bill C-32 likely to pick up where they left off in December.  As I noted last week, the Bill C-32 committee has invited Canadians to provide their views on the bill in email submissions due no later than January 31, 2011.  The call for comments has attracted some attention, leading to some posting their responses online:

A reminder that the Committee has set the following parameters:

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January 27, 2011 16 comments News

Why Canada’s Fair Dealing Rules May Impede Free Speech: The Conservative Ads, the CBC, and Copyright

This week the Conservative party began airing a series of ads criticizing the opposition, including three that included short video clips from a CBC program.  The CBC has objected to the use of the footage, stating that its material should not be used in partisan advertising and noting that the Conservatives did not ask for permission to use the clip.  The Conservative party has responded by arguing that the use is covered by fair dealing and that no permission was needed.  According to the Fred DeLorety, the director of communications for the party, “It’s free speech. It’s free use.” To support its position, the Conservatives point to the use of a similar clip by C-SPAN in the United States under its fair use rules.  The argument seems to be that if it is fair use in the U.S., surely it is fair use (or dealing) in Canada (Stephen Taylor makes the same point in criticizing the CBC for not having a better grasp of fair use).

The problem with this argument is that is mistakenly presumes that the U.S. fair use provision covers the same ground as Canadian fair dealing.  It doesn’t.  Indeed, this is precisely why many have argued for a flexible fair dealing provision, which unfortunately is not found in current Copyright Act or in Bill C-32.

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January 19, 2011 32 comments News