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Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867.
Gordon Fripp Henderson, was a Canadian intellectual property lawyer who joined the law firm Gowling Lafleur Henderson LLP in 1937, and later became its chairman. He was known for his advocacy on intellectual property matters as well as his involvement in intellectual property organizations throughout his career. Henderson's contribution to the development of Canadian and international jurisprudence is described as one of the most significant in Canadian legal history.
Michael Dennis Duffy is a former Canadian senator and former Canadian television journalist. Prior to his appointment to the upper house in 2008, he was the Ottawa editor for CTV News Channel. Upon turning 75 on May 27, 2021, Duffy retired from the senate due to mandatory retirement rules.
Michael Allen Geist is a Canadian academic, and the Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa. He is the editor of four books on copyright law and privacy law, and he edits two newsletters on Canadian information technology and privacy law.
Dean A. Del Mastro is a former Canadian politician. He represented Peterborough in the House of Commons of Canada as a member of the Conservative Party from January 23, 2006 until November 5, 2014. He resigned from parliament after being convicted of breaking the Elections Canada Act during the 2008 election. He had previously served as the parliamentary secretary to the Prime Minister of Canada and the Minister of Intergovernmental Affairs.
A copyfraud is a false copyright claim by an individual or institution with respect to content that is in the public domain. Such claims are unlawful, at least under US and Australian copyright law, because material that is not copyrighted is free for all to use, modify and reproduce. Copyfraud also includes overreaching claims by publishers, museums and others, as where a legitimate copyright owner knowingly, or with constructive knowledge, claims rights beyond what the law allows.
The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Copyright Act 1968, which applies the national law throughout Australia. Designs may be covered by the Copyright Act as well as by the Design Act. Since 2007, performers have moral rights in recordings of their work.
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations.
In Canada, the Copyright Act provides a monopoly right to owners of copyrighted works. This implies no person can use the work without authorization or consent from the copyright owner. However, certain exceptions in the Act govern circumstances where a work will not be held to have been infringed.
TekSavvy Solutions Inc. (TSI) is a Canadian residential, business, and wholesale telecommunications company based in Chatham, Ontario. In most of the country, it is a wholesale-network-access-based service provider and voice reseller, connecting its service to existing last mile networks from telecom carriers Bell Canada and Telus Communications, and cable carriers Rogers Communications, Cogeco Cable, Shaw and Vidéotron. However, in parts of rural southwestern Ontario, the service is provided over TekSavvy's own fixed wireless network. Recently they have also rolled out their own fibre optic network in parts of southwestern Ontario.
Fair dealing is a statutory exception to copyright infringement, and is also referred to as a user's right. According to the Supreme Court of Canada, it is more than a simple defence; it is an integral part of the Copyright Act of Canada, providing balance between the rights of owners and users. To qualify under the fair dealing exception, the dealing must be for a purpose enumerated in sections 29, 29.1 or 29.2 of the Copyright Act of Canada, and the dealing must be considered fair as per the criteria established by the Supreme Court of Canada.
Hubbard v Vosper, [1972] 2 Q.B. 84, is a leading English copyright law case on the defence of fair dealing. The Church of Scientology sued a former member, Cyril Vosper, for copyright infringement due to the publication of a book, The Mind Benders, criticizing Scientology. The Church of Scientology alleged that the books contained material copied from books and documents written by L. Ron Hubbard, as well as containing confidential information pertaining to Scientology courses. Vosper successfully defended the claim under the fair dealing doctrine, with the Court of Appeal deciding unanimously in his favour. The judgment given by Lord Denning clarified the scope and content of the fair dealing defence.
Society of Composers, Authors and Music Publishers of Canada (SOCAN) v. Bell Canada, 2012 SCC 36, is a leading Canadian case on the application of fair dealing under s. 29 of the Copyright Act. It pertained to the use of previews of musical works on online music services that sell digital files of musical works.
Alberta (Education) v Canadian Copyright Licensing Agency , 2012 SCC 37, is a Supreme Court of Canada case that considered whether the photocopying of textbook excerpts by teachers, on their own initiative, to distribute to students as part of course materials is fair dealing pursuant to the provisions of the Copyright Act. The Supreme Court, in a 5/4 split, concluded that the Copyright Board made several errors in its analysis of the "fairness factors". Thus, it allowed the appeal and remitted the matter back to the Copyright Board for reconsideration.
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law. Laws governing wrongful dismissal vary according to the terms of the employment contract, as well as under the laws and public policies of the jurisdiction.
Sheree Bradford-Lea is a Canadian freelance cartoonist and mixed-media artist based in Ottawa, Ontario.
Room Full of Spoons is a 2016 Canadian documentary film directed by Rick Harper about the 2003 cult film The Room.
York University v Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32 is a major decision of the Supreme Court of Canada in the matters of the effectiveness of copyright collectives and of fair dealing in Canadian copyright law.
References
- ↑ Rupp, Shannon (October 26, 2012). "An Old School News Site that Minds Ottawa's Business". The Tyee . Retrieved January 3, 2017.
- ↑ "About Us Blacklock's". blacklocks.ca. Retrieved January 3, 2017.
- ↑ "Parliamentary Press Gallery issues Blacklock's Reporter accreditation after controversy". 28 November 2012.
- ↑ "1395804 Ontario Ltd. (Blacklock's Reporter) v. Canadian Vintners Association". Canadian Legal Information Institute. Retrieved 8 January 2017.
- ↑ "1395804 Ontario Ltd. (Blacklock's Reporter) v. Canada (Attorney General)". Federal Court of Canada. Retrieved 30 November 2016.
- ↑ "Federal Court Finds Fair Dealing in Blacklock's Reporter v AG Canada | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC)".
- ↑ "Judge orders Blacklock's to pay government $65,000". 21 December 2016.
- ↑ McKiernan, Michael. "Focus: Feds must take action on copyright trolls". Law Times. Retrieved 8 August 2017.
- ↑ "Browsewraps, fair dealing and Blacklock's Reporter v Canada: A critical commentary".
