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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 ...
The ideas and facts vs. expression distinction in Canadian copyright law is essentially the same as that in the United States. The basic notion is that although a copyright may be present in a work it is not present in the underlying ideas.
The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921.
Expands the scope of fair dealing to include education, satire, and parody which enables users to make use of fragments of copyrighted works if no digital locks are involved. Introduces a new exception for user-generated content created using copyrighted works without digital locks.
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.
Canadian news companies have sued OpenAI, alleging the ChatGPT-maker uses their content without permission. The lawsuit claims OpenAI violated Canadian copyright laws and profited from it.
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 ]
It noted that material that can be copied now in paper format would not be legally copyable in electronic format when it is digitally encrypted. James Turk, the executive director said, "This could be the effective end of fair-dealing, the right to copy and use works for purposes such as research and private study." [30]