Fair Dealing Archives

How can copyright reform best balance the rights of creators, intermediaries and users?

Here is a digital version of the article published in the Februaryissueof the CBA National magazine. The following question was posed to Prof. Geist and myself. My answer is set out below.

With a view to positioning Canada as a leader in the global digital economy, how can copyright reform best balance the rights of creators, intermediaries and users?

Copyright has become an emotional topic in Canada in which everyone has a stake. Authors’ livelihoods depend on it. Rights holders need clear, predictable, and fair rules that support creativity and innovation.…

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Canadian and international copyright-the year in review (2009) presentation for the LSUC

Here is a copy of my slides presented at the 14th Annual Law Society of Upper Canada Intellectual Property Law – The Year in Review conference. It covers the leading Canadian and international copyright cases for the 2009 year. It excludes decisions of the Copyright Board. These cases were dealt with by Mario Bouchard of the Copyright Board of Canada.

The cases summarized include the following: Robinson v. Les Films Cinar Inc, 2009 QCCS 3793; Drolet v. Gralsbotschaft, 2009 FC 17; Atomic Energy of Canada Limited v.…

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UK launches consultations on copyright exceptions

The UK continues to move forward to modernize its copyright legislation. Fresh from tabling its Digital Economy Bill to address online file sharing, the government now plans to tackle the need for expanded copyright exceptions. It has done so with specific proposals for reform in its consultation document, Taking forward the Gowers Review of IP: Second stage consultation on Copyright Exceptions.

The UK consultation proposal is very relevant for Canadians given the consultation and reform process we are engaged in.…

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More Fickle than Fair: Why Canada Should Not Adopt A Fair Use Regime

Article from The Lawyers Weekly. November 20, 2009, by Barry Sookman and Dan Glover

In July, the Canadian government launched a nationwide consultation on copyright modernization, asking Canadians what changes should be made to the Copyright Act to best foster innovation, creativity, competition and investment, and position Canada as a leader in the global, digital economy.

During this process, advocates of copyright liberalization have called to replace Canada’s longstanding fair dealing provisions with a general fair use provision. In Canada, fair dealing is a defence to an infringement claim that allows a person to use copyright fairly for certain identified purposes.…

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OHRLP publishes leading submissions to the copyright consultations

The Osgoode Hall Review of Law and Policy has published 9 submissions covering divergent views on how the Copyright Act should be modernized.

The articles include submissions from Michael Geist, David Allsebrook, Sam Trowsow, The Writers Guild of Canada, Canadian Association of Research Libraries, Entertainment Software Association, and Laura Murray. The issue also includes my submission to the copyright consultations as well as a submission written by Dan Glover and me on Why Canada should not adopt a fair use regime.…

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The UK Government continues to explore how to adjust its copyright framework to keep up with technology and consumer behavior. In its latest publication, © the way ahead: A Copyright Strategy for the Digital Age, the UK Government looks at how copyright can tackle the challenges of the digital age, drawing on previous work including Digital Britain and the Gowers Review of Intellectual Property, on international perspectives including the European Commission’s and on discussions and submissions from stakeholders.

Much like the Canadian Government, the UK Government wants a copyright system “that works as well as it can for everyone in the UK, supporting investment and sustaining jobs, as well as underpinning our cultural life, and supporting consumers to get the best from the digital age.”…

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Why Canada Should Not Adopt Fair Use: A joint submission to the Copyright Consultation

Here is a copy of the submission “Why Canada Should Not Adopt Fair Use: A joint submission to the Copyright Consultation” written by Barry Sookman and Dan Glover on behalf of over 45 Canadian cultural organizations.

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