Dissemination of works in public interest Step 2 is it fair – Purpose used only for research – Streamed, short, low quality Not a substitute for the work itself Character of dealing no permanent copy retained – Amount of dealing look at proportion of work (short excerpt, typically low – quality), not how many works users preview Alternatives to the dealing no practical alternatives; returns are expensive – Nature of the work is of a type that should be widely disseminated – Effect of the dealing on the work no competition of preview with download – Previews actually increase sales (But sales do not benefit SOCAN) AB v Access CR found Fair Dealing for teacher to distribute copy to class – 2012 SCC 37 - Alberta (Education) v. Access Copyright, Copies of short excerpts of textbooks made at own initiative with F: teachers’ instructions to students that they read the material. Copies made by teacher at request of student were considered to be fair; not at issue here A: Board erred in assessing fairness Purpose of the Dealing Board characterized as instruction or non-private study - unfair SCC: no separate purpose on the part of teacher symbiotic – Amount of the Dealing only short excerpts were copied – Number of copies to be considered under the character of the dealing Character of the dealing multiple copies were distributed to entire classes – Alternatives to the dealing purchase of additional supplemental textbooks not a – realistic alternative Effect on the work other factors could be blamed for shrinking textbook sales – Board appeared to consider that schools copy a quarter billion textbook pages per year, although a tariff is paid for most FULL TEST Copyright subsists in the work there is infringement) Substantial reproduction has occurred (i.e. Must fall into one of the statutory fair dealing exceptions Note: in Canada, unlike US, if not expressly listed in act, does not qualify as fair Exceptions: S29: research, private study, education, parody, satire S29.1: criticism or review
Dissemination of works in public interest Step 2 – is it fair Purpose – used only for research Streamed, short, low quality Not a substitute for the work itself Character of dealing – no permanent copy retained Amount of dealing – look at proportion of work (short excerpt, typically low quality), not how many works users preview Alternatives to the dealing – no practical alternatives; returns are expensive Nature of the work – is of a type that should be widely disseminated Effect of the dealing on the work – no competition of preview with download Previews actually increase sales (But sales do not benefit SOCAN) AB v Access CR – found Fair Dealing for teacher to distribute copy to class Alberta (Education) v. Access Copyright, 2012 SCC 37 - F: Copies of short excerpts of textbooks made at teachers’ own initiative with instructions to students that they read the material. Copies made by teacher at request of student were considered to be fair; not at issue here A: Board erred in assessing fairness Purpose of the Dealing Board characterized as instruction or non-private study - unfair SCC: no separate purpose on the part of teacher – symbiotic Amount of the Dealing – only short excerpts were copied Number of copies to be considered under the character of the dealing Character of the dealing – multiple copies were distributed to entire classes Alternatives to the dealing – purchase of additional supplemental textbooks not a realistic alternative Effect on the work – other factors could be blamed for shrinking textbook sales Board appeared to consider that schools copy a quarter billion textbook pages per year, although a tariff is paid for most FULL TEST Copyright subsists in the work Substantial reproduction has occurred (i.e. there is infringement) Must fall into one of the statutory fair dealing exceptions Note: in Canada, unlike US, if not expressly listed in act, does not qualify as fair Exceptions: S29: research, private study, education, parody, satire S29.1: criticism or review
Practitioner(s)_93_Fall_2014_Eric_Hou.docx