Articles Behind Paywall Subject to Fair Dealing

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Photo Credit: “Sugar” by Adam Engelhart | https://flic.kr/p/fqv6q (CC BY-SA2.0)

Yesterday, the Federal Court released its decision in Blacklock’s Reporter v. Canada (Attorney General), 2016 FC 1255, a copyright infringement action involving the circulation of articles about the Department of Finance and sugar tariffs. Over the past couple months, the case received considerable media attention given its possibility of addressing fair dealing, copyright misuse and circumvention of technological protection measures (TPMs). Despite the fanfare surrounding Blacklock’s, the case was decided on a straightforward application of fair dealing and the Supreme Court of Canada’s jurisprudence on the subject. Cue the sad music for copyright nerds.

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