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Bloom.sookman LSUC Copyright 2010 Paper

Bloom.sookman LSUC Copyright 2010 Paper

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Published by barry sookman
Bloom/Sookman LSUC Copyright 2010 Paper
Bloom/Sookman LSUC Copyright 2010 Paper

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Categories:Types, Speeches
Published by: barry sookman on Jan 13, 2011
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11/12/2011

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4.1

Fair Dealing

The Copyright Board was reasonable in concluding that a onetime free
preview download was research and subject to the exception for fair dealing:

13

2010 FC 1099.

14

2010 FC 1099.

15

2010 BCPC 205.

-5-

Society of Composers, Authors and Music Publishers of Canada v. Bell Canada.16
See Section 8.7 ‘Collective Administration of Copyright – Judicial Review of
Copyright Board Decisions’.

An application for judicial review of the Copyright Board’s K to 12 decision
was allowed in part; the Board made no reviewable error on the issue of fair
dealing, but failed to engage in the required analysis on the issue of the exception
under Section 29.4 of the Copyright Act:
Alberta (Minister of Education) v.
Canadian Copyright Licensing Agency (c.o.b. Access Copyright)
.17

See Section 8.7
‘Collective Administration of Copyright – Judicial Review of Copyright Board
Decisions’.

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