Digital audio sampling—a music production technique whereby sound-clips are extracted from songs and incorporated into new tracks via computer software—is a staple of hip-hop music. With the increased accessibility of…
Tag: fair dealing
Fair Dealing: What Can Be (Fairly) Criticized?
“A picture is worth a thousand words.” That remark might be trite, especially in the era of selfies and Instagram, but a book is more than just words and a…
Attacking the Attack Ads: Broadcasters Strike Back
Political attack ads are a Canadian electoral staple, compressing incriminating, damning and provoking footage into 30-second media bites. Typically, the subject matter is harvested from archived footage of the target…
Small Claims Court Makes Some Big Decisions about Fair Dealing and TPMs
In the recently released decision 1395804 Ontario Limited c.o.b. Blacklock’s Reporter v Canadian Vintners Association, the Ottawa small claims court ruled in an interesting way on fair dealing that might…
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…
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…