Sep 12: Recent Developments in Fair Dealing in Canada4pm, September 12, 2012
Room 603 – Washington College of Law
4801 Massachusetts Ave NW, Washington DC 20016
Recent copyright cases in the Supreme Court of Canada expanded fair dealing, Canada’s equivalent to U.S. fair use. These cases held, among other points, that users have rights that must be given a large and liberal interpretation”, that copyright law is about both “protection” and “access,” that “research” purposes are not strictly limited and there is no absolute requirement for transformative use in Canada. These cases stress that technological neutrality matters, paving the way for future innovation.
These landmark cases will be examined by Prof. Ariel Katz and Howard Knopf, with comments by Prof. Martin Senftleben on how civil law judges might look at open-ended norms such as those in the Canadian cases.
- 4:00-4:15 Prof. Peter Jaszi, American University Washington College of Law – Introduction
- 4:15-5:05 Prof. Ariel Katz, University of Toronto & Howard Knopf, Macera & Jarzyna, LLP
- 5:05-5:30 Prof. Martin Senftleben, University of Amsterdam
- 5:30-6:00 Prof. Michael Carroll, AU Washington College of Law – Moderating Q&A
- This post by Howard Knopf reviews the cases immediately after the decisions were released with a great breakdown of key themes.
- Here, Michael Geist argues that the cases have moved Canada closer to a Fair Use-style system.
- And here, Ariel Katz reflects on the different perspectives on the Canadian Fair Dealing cases reflected in two back-to-back events in DC this week.