Article-sharing copyright case dismissed

The Federal Court of Canada dismissed a copyright lawsuit Thursday involving the sharing of news articles without purchase or consent because the content was used for “proper research” purposes. The case involved the Department of Finance’s use and circulation of two articles in 2013, written by a reporter at subscription-based online news outlet Blacklock’s Reporter, that concerned parties within that department. Blacklock’s said those actions were against its terms and conditions. Sandra Marsden, president of the Canadian Sugar Institute, who was interviewed for the story, first circulated the initial article after purchasing a single annual subscription. Concerned about the accuracy of the article and the potential negative consequences it could have on her relationship with the department, she copied the article and shared it with an official in the International Trade Policy Division, who then passed it on to others without paying to read it, the court decision outlined. The issue in front of the court was whether the sharing of those articles within the department without paying constituted “fair dealing” under section 29 of the Copyright Act, which “provides basic legal protection where the purpose of use is ‘research, private study, education, parody or satire,’” according to court documents. In his decision, judge Robert Barnes determined that “there is no question that the circulation of this news copy within the Department was done for a proper research purpose.” “What occurred here was no more than the simple act of reading by persons with an immediate interest in the material,” Barnes said. Still, the court added the decision doesn’t mean subscribers have “unlimited rights of use of copyrighted material.” The court also did not pursue the government’s case that Blacklock’s was engaging in copyright abuse. Blacklock’s, which has previously pursued similar cases, was seeking damages of $17,209. Costs were awarded to the government.

Article-sharing copyright case dismissed

Brief | November 11, 2016

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Article-sharing copyright case dismissed

Brief | November 11, 2016

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