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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 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.
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.
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.
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]
For the sale of a copy of copyrighted materials to involve secondary infringement, it must be shown that "(1) the copy must be the product of primary infringement; (2) the secondary infringer must have known or should have known that he or she is dealing with a product of infringement; and (3) the secondary dealing must be established; that is, there must have been a sale."
The Court applied the test for fair dealing set out in CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 SCR 339. [9] It reaffirmed that fair dealing must not be interpreted restrictively, because allowing users to engage in some activities that would otherwise constitute copyright infringement supports the achievement of the proper ...
While most areas of Canadian intellectual property law are within the purview of Parliament and the Federal government, the Supreme Court of Canada ruled in MacDonald v. Vapor Canada Ltd. that civil remedies pertaining to trade secrets fall within the provincial power over property and civil rights .