Posts Tagged ‘browsewrap agreements’

Browsewraps, fair dealing and Blacklock’s Reporter v Canada: a critical commentary

January 2nd, 2017

Blacklock’s Reporter is a small Canadian online news agency. Like many publishers it has challenges in enforcing its copyrights against unauthorized digital copying. To protect its rights it uses a subscription model to license content. It attempts to keep materials from unauthorized access and distribution by using a paywall. Recently the Federal Court in 1395804 Ontario Ltd. (Blacklock’s Reporter) v. Canada (Attorney General), 2016 FC 1255  concluded that the copyright in Blacklock’s news articles was not infringed when copies of articles lawfully obtained under a subscription by one subscriber were emailed to the Department of Finance and were then forwarded to others within the department. The court found the copying was a fair dealing, an exception from infringement under the Copyright Act.