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fair dealing

Why I Was Wrong About Originality

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 […]

Court Rejects Class Action Settlement in Long-Standing Copyright Dispute Between Lawyers and Legal Publisher

Court Rejects Class Action Settlement in Long-Standing Copyright Dispute Between Lawyers and Legal Publisher

An Ontario Superior Court has rejected a class action settlement between the publisher Thomson Reuters and a collection of Canadian lawyers and law firms, stating that the proposed settlement is not “fair, reasonable, or in the best interests of the Class Members.” The proposed settlement would have seen Thomson Reuters fund a trust for public […]

The Copyright Pentalogy: How the Supreme Court of Canada Shook Up Fair Dealing

The Copyright Pentalogy: How the Supreme Court of Canada Shook Up Fair Dealing

On Friday October 4 2013 , the University of Ottawa hosted the launch event of the new book The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law. The book, edited by Michael Geist, features chapters written by a number of prominent intellectual property law professors, including IP Osgoode's Professor Giuseppina […]

Short, Sweet and Stirring the Pot: Canada’s Copyright Board Holds Category 4 Copies are Fair Dealing

Short, Sweet and Stirring the Pot: Canada’s Copyright Board Holds Category 4 Copies are Fair Dealing

In a brief decision released September 19, the Copyright Board of Canada held that the Category 4 copies at issue in Alberta (Education) v Canadian Copyright Licensing Agency (Access Copyright) [Access Copyright] constituted fair dealing for the purposes of research and private study.

Bill C-32: Copyright and Education in the Digital Age

Bill C-32: Copyright and Education in the Digital Age

Robert Dewald is a JD Candidate at Osgoode Hall Law School Technology plays an important role in today’s educational institutions by providing easy access to and distribution of music, art, literature and other information that forms the foundation of a person’s education.   Yet the innovation and technological advances that have created powerful teaching tools, such […]

How To Minimize Costs Associated With Copyright Clearance: The DOC's Guidelines For Documentary Filmmakers

How To Minimize Costs Associated With Copyright Clearance: The DOC's Guidelines For Documentary Filmmakers

Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Documentary films are meant to depict reality. In fact, a documentary’s sole purpose may be to expose the reality obscured by propaganda, censorship and corruption. It is therefore in the public’s best interest to allow documentary filmmakers to depict […]