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Next, you must consider the proportions. To take long extracts and attach short comments may be unfair. But, short extracts and long comments may be fair. Other considerations may come to mind also. But, after all is said and done, it must be a matter of impression. As with fair comment in the law of libel, so with fair dealing in the law of ...
One consequence of denying the use of protected expression by means of copyright is that in the absence of some limiting doctrine copyright holders might be able to deny other users the ability not only to use their own original expression but also to deny users concepts, ideas, and facts which form the basis of the original expression.
CCH Canadian Ltd v Law Society of Upper Canada, [17] expanded upon that, with the Supreme Court of Canada holding that fair dealing, as well as related exceptions, is a user’s right. In order to maintain the proper balance between the rights of copyright owners and user’s interest, it must not be interpreted restrictively. [ 18 ]
New copyright exceptions were introduced for non-profit educational institutions, libraries, museums, broadcasters, and people with disabilities, allowing them to copy copyrighted works in specific circumstances without the permission of the copyright owner or the need to pay royalties.
The Board can issue a licence for any rights belonging to the copyright owner. Any use that is not within the copyright owner's rights will not be issued a licence since none would be required. For example, no licence will be granted to copy an insubstantial portion of a work because it is not a use that is protected by copyright.
Five leading Canadian news outlets filed a lawsuit against OpenAI on Friday, accusing the ChatGPT owner of violating copyright laws to train its artificial intelligence (AI) models. The outlets ...
The concept of fair dealing allows users to engage in some activities that might otherwise be considered copyright infringement. CCH articulated a two-step test for fair dealing. The first is to determine whether the dealing is for the allowable purpose of " research or private study", "criticism or review", or "news reporting" under the ...
Canada has passed a law requiring Google and Meta to compensate news publishers for the use of their content, but has previously declined to say whether the Online News Act should apply to use by ...