Tag: Fair Use

Separating facts from hype about C-32Separating facts from hype about C-32

September 27, 2010September 27, 2010 Barry SookmanBarry Sookman 13 Comments

Some anti-copyright critics compare the proposed copyright amendments in Bill C-32 with the copyright laws of the US to argue that Canadian copyright law with Bill C-32 passed would be more restrictive than in the US. International comparisons of copyright laws can be a very useful tool to gauge how Canadian laws stack up with international standards and norms. Regrettably, anti-copyright advocates often make their case by inaccurately and misleadingly describing US law to make it look more permissive than it is and by describing Bill C-32 in ways that makes it appear more restrictive than it is.…

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Are internet previews of music a fair dealing under copyright?Are internet previews of music a fair dealing under copyright?

May 17, 2010May 17, 2010 Barry SookmanBarry Sookman 2 Comments

Last week the Federal Court of Appeal released an important decision on the scope of the fair dealing exception in the judicial review in the SOCAN Tariff 22 case (2010 FCA 123). The issue before the Court was whether online music services have the benefit of the fair dealing exception in section 29 of the Copyright Act when they offer customers previews of music files of up to 30 seconds to help them select music to purchase. The Court, following the decision of the Copyright Board, ruled they do.…

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Does Canada already have fair use?Does Canada already have fair use?

March 22, 2010March 22, 2010 Barry SookmanBarry Sookman 0 Comments

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

March 18, 2010March 18, 2010 Barry SookmanBarry Sookman 12 Comments

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 economyReflections on the liberal roundtable on the digital economy

February 17, 2010February 17, 2010 Barry SookmanBarry Sookman 0 Comments

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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More Fickle than Fair: Why Canada Should Not Adopt A Fair Use RegimeMore Fickle than Fair: Why Canada Should Not Adopt A Fair Use Regime

November 22, 2009November 22, 2009 Barry Sookman, Dan Glover, Connor BildfellBarry Sookman, Dan Glover, Connor Bildfell 3 Comments

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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OHRLP publishes leading submissions to the copyright consultationsOHRLP publishes leading submissions to the copyright consultations

November 16, 2009November 16, 2009 Barry SookmanBarry Sookman 0 Comments

The Osgoode Hall Review of Law and Policy has published 9 submissions covering divergent views on how the Copyright Act should be modernized.

The articles include submissions from Michael Geist, David Allsebrook, Sam Trowsow, The Writers Guild of Canada, Canadian Association of Research Libraries, Entertainment Software Association, and Laura Murray. The issue also includes my submission to the copyright consultations as well as a submission written by Dan Glover and me on Why Canada should not  adopt a fair use regime.…

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