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D’Agostino on Fair Dealing
The Department of Canadian Heritage has released my colleague Prof. Pina D’Agostino’s report, “Fair Dealing after CCH.” It is available in HTML online and in downloadable PDF. She warns against ad hoc attempts to fix this aspect of copright law alone, whether through some legislative implementation of the CCH factors or via a borrowing of foreign provisions. Industries can and should work to develop “best practices” concerning fair dealing, which can guide behaviour and, potentially, give industry “advice” to the court in future cases.
[via CultureLibre.ca]
Why the delay in releasing a descriptive report which appears to be a year old, from the site description and the URL?
A leading question, if I ever saw one. With the legislation currently in the house doing exactly what this report recommends against, and the government trying to narrow the meaning of fair dealing, rather than giving it the “large and liberal interpretation” that the SCC called for, it is a wonder it has been released at all.