ELLY MANGAT HOLI

• Report rights infringement
• published: 21 Mar 2017
• views: 1640

RYERSON UNIVERSITY HOLI CELEBRATION CONCERT reporting event and performances of Elly Mangat , Sumeet, Rupan Bal, Mickey singh Sections 29, 29.1 or 29.2 of the Copyright Act of Canada create the fair dealing exception to copyright: Research, private study, etc. s.29 Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright. Criticism or review s.29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned: (a) the source; and (b) if given in the source, the name of the (i) author, in the case of a work, (ii) performer, in the case of a performer’s performance, (iii) maker, in the case of a sound recording, or (iv) broadcaster, in the case of a communication signal. News reporting s.29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned: (a) the source; and (b) if given in the source, the name of the (i) author, in the case of a work, (ii) performer, in the case of a performer’s performance, (iii) maker, in the case of a sound recording, or (iv) broadcaster, in the case of a communication signal.[12] To qualify under the fair dealing exception, the dealing must be for a listed purpose and the dealing must be fair.[13] Purpose Sections 29, 29.1 or 29.2 of the Copyright Act identify the permissible purposes. Prior to CCH Canadian Ltd. v. Law Society of Upper Canada,[14] the list of purposes was considered to be exhaustive. In the case of Compagnie Générale des Établissements Michelin-Michelin & Cie v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada),[15] the Federal Court of Canada rejected the defendant’s assertion that utilizing the copyright of the plaintiff on a pamphlet criticising the labour practices of the plaintiff in a labour dispute could qualify as fair dealing, because the infringement was a parody and not listed as a permissible purpose. Following CCH, it is no longer certain whether the purposes listed are exhaustive as they are to be broadly interpreted.[16] However, see the case of Canwest Mediaworks Publications Inc. v. Horizon Publications Ltd.[17] which continued to apply the restrictive approach to permissible purposes. Amendments to the Copyright Act, in force as of November 2012, have included additional specific enumerated purposes (education, satire and parody).[18] It is unclear whether the liberal interpretation from CCH will continue, given the provision of further specificity from legislature. It is possible that courts will take a more narrow interpretation of the fair use enumerated purposes post-C-11. Dealings for mixed purposes are permissible, provided the alleged purpose relied upon to substantiate the fair dealing is not a disguise for an alternate purpose. This will be measured objectively.[19][20][21] One can deal for either their own purposes or for those of someone else, or they may facilitate same. In either case, fair dealing will be available if all other elements are made out.[22] It is the user's purpose that is relevant at this first stage of the analysis, although the copier's purpose can be considered at the secondary stage, during the fairness assessment.[23] In the case of dealing for the purpose of criticism, review or news reporting, it is necessary to attribute to the source. See sections 29.1 and 29.2 of the Copyright Act, above. Research Research involves investigating or closely studying a subject.[24] In CCH, it was held that the reading of legal texts and judgments for the purpose of advising clients constituted research.[25] More recently, it was held that 30 second preview clips of music streamed to potential customers for their evaluation in determining whether to purchase the song, constitutes research.[26] Private Study Private study involves applying oneself to acquire knowledge or learning, or examining or analyzing a subject.[27] Criticism or Review Criticism and review involve analyzing and judging merit or quality. The dealing may even be defamatory while remaining a fair dealing.[28] The key is that fairness relates to the extent, rather than the content, of the copying. With respect to criticism, greater emphasis will be placed upon the transformative nature of the copy. News Reporting News reporting includes any medium such as newspaper, audio, or video. Investigative journalism qualifies.[29]