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Talk:Fair dealing in Canadian copyright law

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American and UK law

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The majority of citations for NOT for Canada; they are for the US and UK. Canadian law is more of an afterthought. I think all the non-Canadian material should be eliminted except in a section that makes comparisons, or perhaps a page such as fair use.--John Bessa (talk) 15:49, 10 July 2012 (UTC)[reply]

Are you going to make the appropriate changes yourself? NorthernThunder (talk) 21:39, 11 July 2012 (UTC)[reply]

The first line of the article states that Fair Dealing is a defence against copyright infringement. This should be changed. Fair Dealing is a right of the public and represents a limit on the granted copyright monopoly. It is a significant difference; you can change copyright law to remove defences, you can not as easily change public rights. 208.38.59.161 (talk) 03:47, 14 April 2014 (UTC)[reply]

To wit: CCH Canadian v. Law Society of Upper Canada.

"the fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act than simply a defence. Any act falling within the fair dealing exception will not be an infringement of copyright. The fair dealing exception, like other exceptions in the Copyright Act, is a user's right. In order to maintain the proper balance between the rights of a copyright owner and users' interests, it must not be interpreted restrictively. As Professor Vaver, supra, has explained, at p. 171: 'User rights are not just loopholes. Both owner rights and user rights should therefore be given the fair and balanced reading that befits remedial legislation.'" — Preceding unsigned comment added by 208.38.59.161 (talk) 03:51, 14 April 2014 (UTC)[reply]

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