Copyright Balancing in Canada

Andrew Raff
March 05, 2004

The Supreme Court of Canada recently decided a copyright case in which it discusses the balancing of users' rights against those of copyright holders: CCH Canadian Ltd. v. Law Society of Upper Canada

University of Ottawa law professor Michael Geist notes a recent Canadian Supreme Court decision where: Canadian Sup. Court favors users over stronger copyright rules

Earlier today the Canadian Supreme Court issues a copyright decision that may rank as one of the strongest pro-user rights decisions from a high court in recent memory. In the unanimous decision, written by the Chief Justice, the court now appears to be considering all copyright law interpretation through the lens of balancing user rights with creators rights. The decision shows what it means to do more than pay lip service to balance in copyright -- trying to balance the interests of both users and creators means considering the impact in all aspects of copyright law and seeking to establish tests that respect the interests of both perspectives.

More analysis from Matthew Skala

Globe and Mail: Supreme Court rules against publishers' copyright group

LexisNexis InfoPro: Copyright law safe in library, court says

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