Users’ Rights and Realities: CCH, Fair Dealing, and the Experiences at Canadian Cultural Institutions

Recent research is shining a new light onto the Supreme Court of Canada’s (SCC) decision that is said to have “reconceptualized” fair dealing as an integral part of copyright law in Canada (Craig, p. 449). During a 29 September 2014 lecture in the IPOsgoode Speaks Series, Dr. Emily Hudson, the Career Development Fellow in Intellectual Property Law at the Oxford […]

Why I Was Wrong About Originality

When I first read the Supreme Court of Canada's landmark decision in CCH Canadian Ltd v Law Society of Upper Canada concerning the concept of originality in copyright law, I thought something was amiss. According to the Copyright Act, copyright shall subsist in every original literary, dramatic, musical and artistic work; however, "original" is not […]

To Use, or Not to Use? That is the Question: AUCC Updates Fair Dealing Guidelines

In light of updates to the Copyright Act and the Supreme Court’s copyright Pentalogy rulings, the Association for Universities and Colleges of Canada (AUCC) has released updated guidelines for their fair dealing policy.

Copyright: [Skill and/or Talent?] and Judgment

A few weeks ago, while re-reading CCH Canadian Ltd. v Law Society of Upper Canada, [2004] 1 SCR 339 [hereafter CCH], I paused on a rather peculiar detail from this well-known Supreme Court decision.  Intrigued, after a brief search, I was surprised to find that no one in Canadian copyright discourse seemed to have expanded […]