Fair Use Archives

Does Canada already have fair use?

It is well accepted that Canada’s Copyright Act permits certain fair dealings with works.These dealings, known as allowable purposes, permit fair copying and other dealings for the purposes of research, private study, criticism, review, and news reporting, if certain conditions associated with the exceptions are met. These fair dealing exceptions operate differently from “fair use” in the United States. In that country the allowable purposes listed in the U.S. Copyright Act are non-exclusive, leaving it open to the courts to determine on a case by case basis whether a particular dealing is allowable and fair.…

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Should Canada adopt “fair use” as proposed by NDP MP Charlie Angus?

Earlier this week, Charlie Angus introduced an amendment to the Copyright Act to expand the fair dealing exemption to include, in essence, any fair use with a work. While the amendment would add only a few words to the Act, it would radically reshape the copyright balance in Canada-to the ultimate detriment of our Canadian cultural industries, those that work and depend on them, and the Canadian public as a whole.

Charlie Angus’ proposed amendment reads as follows:

“M-506 — March 15, 2010 — Mr.…

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Reflections on the liberal roundtable on the digital economy

Last week, Liberal Industry critic Marc Garneau and Heritage critic Pablo Rodriguez hosted a roundtable on the digital economy in Ottawa. There were two panels. One was on our modern digital infrastructure. The other one was on copyright, broadcasting and the Internet. I participated in the copyright roundtable along with representatives from the ESAC, ACTRA, Rogers and Prof. Geist.

I commend Messrs. Garneau and Rodriguez for organizing this event. Developing a strategy for Canada’s digital future is a critical component of ensuring prosperity and opportunities for all Canadians.…

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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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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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