Barry Sookman
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This site is about technology, copyright, artificial intelligence, and privacy law.
Barry Sookman
Barry Sookman
  • Bio & expertise
    • Bio
    • Technology & Internet Lawyer
    • Copyright and Intellectual Property Lawyer and Litigator
    • Privacy & CASL
    • Government Relations
    • Rankings
  • Books & Articles
  • Speeches & Media
  • Terms
    • Privacy Policy
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Posts by tag

ACCC Model License

2 posts
  • C-11
  • c-32
  • Copyright
  • Fair Dealing
  • Geist

Did the Supreme Court eviscerate Access Copyright’s business model? A reply to Michael Geist

  • September 12, 2012
  • Barry Sookman

Michael Geist in a series of recent blog posts claims that the decisions of the Supreme Court in the SOCAN v. Bell Canada, 2012 SCC 36 (SOCAN v Bell) and Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 (Access Copyright) cases eviscerated Access Copyright’s business model.[1] He asserts that the cases make all copying that would be subject to a license from Access Copyright fair dealings. Moreover, he claims that publishers would not suffer significant economic harm if all copying permitted under Access Copyright licenses or model licenses were fair dealings and no educational institution, whether elementary, secondary, or post-secondary, paid a penny for all such uses.

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  • Fair Dealing

Did the Supreme Court supplant the market for Access Copyright licenses?

  • July 31, 2012
  • Barry Sookman

Just over two weeks ago, the Supreme Court released its opinion in the Alberta (Education) v. Canadian Copyright Licensing Agency, 2012 SCC 37 (Access Copyright) fair dealing case. In that proceeding, the Copyright Board examined whether copying of short extracts of works for classroom teaching purposes was a fair dealing.* The Board and the Federal Court of Appeal found it was not. The Supreme Court allowed the appeal and remitted the matter to the Board to reconsider its decision in accordance with the Court’s construction of the fair dealing factors.…

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Barry Sookman
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