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. In the United States, that person is able to contend that any use is fair.
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