[d@DCC] Special case institutions in copyright...

Russell McOrmond russell at flora.ca
Mon May 23 12:40:37 EDT 2005


richard1 wrote:

> Hmmm... I wonder if "fair use" covers me making archival copies of
> something but not "publishing" them until after the copyright has
> expired?

   Doesn't matter, as in Canada we only have "fair dealings" which is 
far more narrow than the USA's concept of "fair use".  (I realize you 
were probably meaning fair dealings ;-).


   There are many things people in this forum are assuming (wishful 
thinking?) is covered by "fair dealings" in Canada that I am pretty sure 
is not covered.

   One suggestion is that that "receiving" and retaining/viewing 
personal/private copies of files is covered under fair dealings.  They 
further suggest that this is the case regardless of whether the "sender" 
was authorized to send in the first place (IE: whether it is an 
infringing copy).

   While I wish that fair dealing were expanded to be similar to 
"private copying" environment (not levied and authorized to be received 
by receiver), I have been told many times that this is not the case.

   This is why I rely on the concept of "implied license" rather than 
"fair dealings" when talking about what is allowed on the "no membership 
required" part of the Internet.

-- 
  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
  http://www.digital-copyright.ca/blog/2 (My BLOG)
  Sign the Petition Users' Rights! http://digital-copyright.ca/petition/
  To protect Internet age creativity we must reform WIPO, not copyright!


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