Canadian Supreme Court upholds fair dealing and user rights in copyright

Michael Geist sez,

The Supreme Court of Canada issued its much anticipated rulings in the five copyright cases it heard last December. It will obviously take some time to digest these decisions, but the clear takeaway is that the court has delivered an undisputed win for fair dealing that has positive implications for education and innovation, while striking a serious blow to copyright collectives such as Access Copyright.

Led by Justice Abella, the court has reaffirmed that fair dealing is a user's right that must be interpreted in a broad and liberal manner. In fact, the court provides further guidance on interpreting fair dealing with an emphasis on the need for a flexible, technology-neutral approach. In reading the decisions in the Access Copyright and song previews cases, it is hard to imagine a bigger victory for education, Internet users, and innovative companies. This post will provide some quick key points in the Access Copyright and song previews decisions.

Supreme Court of Canada Stands Up For Fair Dealing in Stunning Sweep of Cases


  1. As long as we can torpedo the ludicrous digital lock provisions, we might actually have a functional copyright act in Canada during my lifetime.

    And R v Mernagh is going to be a win unless King Harper decides to use the Charter of Rights and Freedoms for kindling.

    I have hope for my country yet.

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