Appeared in the Toronto Star on August 2, 2010 as U.S. Move to Pick Digital Locks Leaves Canadians Locked Out Since its introduction two months ago, the government’s copyright reform package has generated widespread debate over whether it strikes the right balance. The digital lock provisions have been the most […]

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
Federal Court Ruling Shows Copyright Fair Dealing Fears Greatly Exaggerated
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 […]
Federal Court Ruling Shows Fair Dealing Fears Greatly Exaggerated
Last week, the Federal Court of Appeal issued its much-anticipated ruling in the K-12 case, which specifically addressed fair dealing in the context of education. The ruling was a major win for Access Copyright, as the court dismissed objections from education groups on a Copyright Board of Canada ruling and paved the way for millions in compensation from school boards.
The case is notable since it demonstrates how critics of greater fair dealing flexiblity have greatly exaggerated claims of potential harm. For example, former PWAC Executive Director John Degen wrote this week that “the introduction of an overly broad exception to copyright for educational use would all but eliminate fair compensation for this established use.” Access Copyright reacted to the court victory by stating it was “bittersweet” given the C-32 changes. While there is no doubt that extending fair dealing to education (the law currently covers many educational activities under research, private study, criticism, and review) will bring more potential copying within the scope of fair dealing, this case reinforces the fact that fair dealing is a fair for all, not a free for all and that fears that the extension of categories will wipe out all revenues bear little relation to reality.
Industry Canada on US IP Watch List
An Industry Canada spokesperson on the validity of the USTR Special 301 list: “Canada does not recognize the validity of the Special 301 process, which relies on industry allegations rather than empirical evidence and analysis.” Note that the article says I said that Canada did not need to pass anti-circumvention […]
CETA Update: EU Continues To Press on IP
The Department of Foreign Affairs held a call today with various groups to provide an update on the Canada – European Union Comprehensive Trade Agreement negotiations. The department indicated that there has been progress on virtually all issues and the broad shape of the deal is being outlined. On intellectual […]