Tag Archives: fair dealing

Fair-Dealing and Emergency Remote Teaching in Canada

by Samuel Trosow and Lisa Macklem (March 21, 2020)   [pdf version – with footnotes] In the wake of the COVID-19 outbreak, Canadian post-secondary institutions are replacing classroom-based instruction with online teaching for the remainder of the Winter/Spring 2020 semester. Course instructors are scrambling to change their traditional courses to online formats on very short notice […]


Copyright and the Modern Academic Debate Series

Copyright and the Modern Academic Debate Series 2014 Congress of the Humanities and Social Sciences – Brock University Copyright law is an increasingly contentious issue for Canadian academics in their roles as teachers, researchers, and creators. In a series of three debates, co-sponsored by Brock University Council for Research in the Social Sciences (CRISS) and […]

Upcoming talks on Copyright

I have a few upcoming talks in the month of January on copyright issues: January 16th, 4:00 p.m. “Copyright@Huron: Navigating the New Copyright Landscape” Huron College-Room W116 (1349 Western Rd. – London, Ontario) January 24th, 1:00 pm at Queens University (in Kingston, Ontario) January 30th, 9:05 am (part of panel on FIMS faculty research at […]

HBR “Notice of Use Restrictions” questioned

There have recently been a number of tweets in response to an article by Joshua Gans in the Contribution Economy blog about a very curious notice of usage restriction attached to Harvard Business Review articles accessed via EBSCO. The restriction reads: Harvard Business Review and Harvard Business Publishing Newsletter content on EBSCO host is licensed […]

AUCC’s nine-pack of Fair Dealing Guidelines

The full text of the 9 revised AUCC Fair Dealing Guidelines have now been posted online on the SCRIBD website (links at excesscopyright.blogspot.ca)  and at the University of Calgary library.  I’m curious as to why AUCC does not just post them on their own website.  Why is the task of disseminating these important documents to […]

Comparison of Fair Dealing and Fair Use in Education Post-Pentalogy

Lisa Di Valentino, a doctoral student in Library & Information Science at the University of Western Ontario has posted a new working paper on SSRN.  Entitled “Comparison of Fair Dealing and Fair Use in Education Post-Pentalogy”, the author discusses and compares the scope of Canadian fair dealing and American fair use.  In addition to providing […]

Objections to the Proposed Access Copyright Post-Secondary Tariff and its Progeny Licenses: A Working Paper

I have just completed an extensive research report entitled “Access Copyright Post-Secondary Tariff and its Progeny Licenses: A Working Paper.” My co-authors (Scott Armstrong and Brent Harasym) and I have decided to post the paper for open distribution on the Scholarship@Western website (UWO’s open access institutional repository). It is posted in the FIMS Library and […]

SCC decisions provide clear guidance on fair dealing policies

One of the important results from the recent SCC copyright decisions is the additional guidance and clarity provided on the application of fair dealing. Two of the five decisions directly treated different aspects of fair dealing. Overall, the court has reaffirmed the strong policy language from its unanimous 2004 decision in CCH v Law Society […]

Reactions to SCC’s Copyright Pentalogy: News and Commentary

Here are the CanLII links to the 5 Supreme Court decisions of July 12th: Entertainment Software Assoc v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34 Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35 Society of Composers, Authors and Music Publishers of Canada […]

A Closer Look at Warman v Fournier: Good news for online journalists

In my previous posting which focused on linking and its implications for copyright infringement, I mentioned the recent Federal Court of Canada decision in Warman and National Post v Fornier (2012 FC 803).  The case is important for some other reasons as well, and the Hon. Justice Rennie’s June 21st decision should be read by […]