2012-09-12

Michael Geist - Has Canada Effectively Shifted from Fair Dealing to Fair Use?

Michael Geist - Has Canada Effectively Shifted from Fair Dealing to Fair Use?

Probably already posted on this but it is important. There is also an analysis of the ruling, today: http://www.wcl.american.edu/pijip/go/events/sep-12-fair-dealing
Geist's analysis holds open the idea that Canada is moving from the more limited fair dealing to the more expansive fair use, which is in use in the US. Because fair use does not rely on what is effectively a list of exceptions to copyright but allows for unimagined possibilities, it seems friendlier to innovation, or the use of existing copyrighted sections in ways novel (and previously unimagined and unspecified). As Geist and others point out, fair use is not free for all, however. But read the analysis and the other references.