from Fair Dealing to Fair Duty, understanding the limits of copyright
In three thousand dollars, I looked at the disjuncture between copyright’s appearance as an author’s right and the reality of how copyright functions in the realm of AI training. In short, it is complicated. That Margaret Atwood will likely be among the pool of authors to see an appreciable return via the historic Bartz settlement, [ ]
Continuing from of beaver pelts and stripped carcasses. The furor over the use of copyright-protected work for AI training is only the latest installment of the uneasy integration of culture and commerce, and the desire to quantitatively associate a value to cultural creations. Relying on my preferred connotation of culture—that of the Raymond Williams’ variety [ ]
Fair Dealing Week (Fair Use Week for our American friends) is at hand. After nearly 17 years of blogging, there seems little to say about the exception that will not be repetition. Fair Dealing in Canada remains on strong footing, thanks in large part to the work of multiple compositions of our Supreme Court over [ ]
continuing from Part II. A question of grammar My recent attention to TPMs, courtesy of Blacklock’s Reporter, has meant a great deal of staring at Section 41.1 of the Copyright Act where the principal language addressing technological protection measures (TPMs, otherwise known as digital locks) is situated. At one point I thought I had misread the wording but [ ]
Continuing from my previous post. “Subject to the Act” Last year’s Federal Court decision involving Blacklock’s Reporter and the Attorney General (Canada), provides much more than simply another supportive fair dealing outcome.[1] Justice Roy also tackled the fifteen-year presumption that digital locks, otherwise known as technological protection measures (TPMs), entirely remove users’ abilities…
Buy Canadian, Be Canadian In the face of inordinately irrational behaviour stemming from south of the border, an unusual display of patriotism has swept through the nation—Canadian flags are flying off shelves and apps identifying Canadian products are proliferating across the country. A shoutout to former NAIT student Matthew Suddaby and his business partner Will [ ]
Last week, a conversation occurred among Canadian postsecondary institutions regarding use of content licensed through contracts that stipulate (with some exactitude) what users may or may not do with the content. Contracts that appear to have removed application of fair dealing and other exceptions defined in the Copyright Act. I had planned to attend the [ ]
This past week marked a Canadian festivity known as Fair Dealing Week. One might call it our spinoff of the American tradition of Fair Use Week. In the United States, Fair Use is a provision within their copyright law which limits the control exerted by copyright. Canada’s allowance of Fair Dealing is similar but far [ ]
On 5 March 2004, newspapers across Canada were publishing articles about a Supreme Court decision unveiled the day before. I distinctly remember reading a smallish article, occupying about 15cm x 12cm of newsprint, and discovering the Supreme Court had confirmed that moderate photocopying in libraries was lawful, whether carried out independently by patrons or assisted by [ ]
Part 1 – Prologue, available here Part 2 – Uncovering the problem, available here Part 3 – Where did the money go?, available here Part 4 – Unkept promises, promises impossible to keep, available here Part 5 – The Canadian Way, available here Part 6 – A better game, available here Through successive Canadian governments, policy discussions about copyright have been premised on insecurity. Whether…