Posts Tagged ‘education’

By-passing paywall and circumventing TPM sinks fair dealing defense: Blacklock’s Reporter v CVA

October 20th, 2015

Does by-passing a subscription paywall to access a news article violate the new prohibitions in the Copyright Act that make it an infringement to circumvent a technological protection measure (TPM)? Yes, according to a decision just released by an Ontario court in 395804 Ontario Limited (Blacklock’s Reporter) v Canadian Vintners Association, 2015 CanLII 65885 (ON SCSM). Can a defendant rely on the new fair dealing defense for education to excuse the copying if the defendant illegally accessed the work by circumventing a TPM to do so? No, the fair dealing defense cannot apply where a work is obtained illegally.

Renewed Attacks on the “Effect on the Market” Factor

March 9th, 2012

Beware of misinformation masquerading as the correction of misinformation, a concept George Orwell labelled as “doublethink”. Michael Geist and Howard Knopf are engaged in it again in their blog articles “Bill C-11 Extremism Continues: The Attack on Fair Dealing” and “The Effect on the Market Factor in Fair Dealing/Fair Use Law – What IS the law?” In their crusade to open Canadian copyright law so wide that a convoy of army trucks filled with textbooks and DVDs could drive through it, they are suggesting that Parliament not clarify that “the effect of the dealing on the market for the original work” is the pre-eminent factor in the fair dealing test.

Some observations on Bill C-11: The Copyright Modernization Act

October 3rd, 2011

Last Thursday the Government of Canada introduced into the House of Commons Bill C-11, an Act to Amend the Copyright Act. In a press release describing the Bill, Heritage Minister James Moore and Industry Minister Christian Paradis, stated that the Bill will ensure that Canada’s copyright laws “are modern, flexible, and in line with current international standards” and will “protect and help create jobs, promote innovation, and attract new investment to Canada.”

Bill C-32’s fair dealing and other new copyright exceptions

November 17th, 2010

Here are slides from the speech I gave earlier today at Osgoode Hall Law School’s professional development program on understanding Bill C-32. The speech focused on the proposed fair dealing exceptions including the new exception for education, exceptions for individuals including the UGC, format shifting, time shifting, and back-up copy exceptions, and the new exceptions for developing interoperable programs, encryption research, network security testing, and technological processes.

Sookman Osgoode C-32 Speech

Some observations about the debates on Bill C-32 in the House of Commons

November 9th, 2010

Last week there was lots of interesting debate in the House of Commons about Bill C-32 leading up to a vote at Second Reading to refer the Bill to a legislative committee for further study.

All of the political parties agreed that copyright reform is important. They concurred with the objectives behind the Bill including the goals of creating a legal climate in which creators can both safely invest in and get paid for their content and at the same time ensure access by users to their works. They recognized the need to modernize the Copyright Act to address the challenges of the 21st century.