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Fair Dealing

SCC Active in IP: Leave to Appeal Granted in Major Internet Cases

Mark Kohras is a JD candidate at Osgoode Hall Law School. Digital media has been prominent in Canadian minds lately. From the recent copyright consultations to the outcry over the usage based billing decision, digital content and the way we receive it is becoming increasingly important to Canadians. As our society navigates the digital age, […]

Settlement Denied: What’s Next for Google Books?

Jenna Newman is a graduate of the Master of Publishing program at Simon Fraser University. The long-awaited ruling on the proposed Google Books settlement is out: the court has rejected the settlement. So many serious concerns were voiced by potential class members as well as scholars, librarians, the US Department of Justice, other nations—on questions […]

Techies, Artists and Collective Societies Weigh in on Bill C-32

Leslie Chong is a JD candidate at Osgoode Hall Law School. Members from various communities impacted by the current copyright reform had a chance to voice their praise and concerns with the proposed amendments in Bill C-32. During their opening statements at the Legislative Committee hearings held on March 8 and 10, 2011, speakers that […]

“Fair” Dealings Potentially “Unfair” for Documentary Filmmakers

Danny Titolo is a JD candidate at Osgoode Hall Law School and currently enrolled in the course Law & Social Change: Law & Music, in Winter 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. On February 17, 2011, the Documentary Organization of Canada (DOC) recently […]

Righthaven Seeks Appeal of Fair-Use Ruling

Matt Lonsdale is a JD candidate at Dalhousie University. U.S. copyright litigation corporation Righthaven is appealing an October ruling by a U.S. District Court judge that the copying of eight sentences of a newspaper article by a Las Vegas real estate agent qualifies as a “fair use” of the material under U.S. copyright law.

Conflict and Compromise: A Review of Selected Bill C-32 Position Papers

Kyle Lavender is a JD candidate at Osgoode Hall Law School. The House of Commons has resumed hearings on the Copyright Modernization Act (Bill C-32). Amidst claims that the process of amending the Copyright Act has preceded at a “snail-like” pace, it is hopeful that position papers submitted to the House of Commons Legislative Committee on Bill C-32 […]

US Court Confirms: There is No Fair Use Exception to Digital Lock Provisions under the DMCA

Matt Lonsdale is a JD candidate at Dalhousie University. There has been heated debate in Canada regarding technological protection measures (TPMs), particularly against the backdrop of the amendments to the Copyright Act proposed by Bill C-32. At issue in many of these discussions is the extent to which circumventing TPMs should be illegal; for instance, […]

Fair Use for Poetry: Best Practices for Parody, Satire, Remixes, Epigraphs and Other Uses

Dan Whalen is a JD candidate at Osgoode Hall Law School. “Poetry, as a highly allusive art form, fundamentally relies on the poet’s ability to quote, to copy, and to ‘play’ with others’ language” – so says the Center for Social Media of American University (CSM).  CSM has assembled the Code of Best Practices in […]

To Mix or Not to Mix: Bill C-32 “Mash Up” Provision is Getting Attention

Wendy Serres is a first year JD candidate at Osgoode Hall Law School and currently enrolled in the course Law & Social Change: Law & Music, in Winter 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. DJs throughout Canada may well rejoice when […]