Fair Dealing and Digital Locks: A Novel Issue in Canadian Copyright Law

Thursday, June 1, 2023

12:00 pm - 1:30 pm Eastern

11:00 am - 12:30 pm Central

10:00 am - 11:30 am Mountain

9:00 am - 10:30 am Pacific

Program:
A discussion on the interplay between fair dealing and the Copyright Act’s technological protection measures. Who wins out?

Join James Plotkin for a discussion on what happens when the Copyright Act’s most powerful user right runs into one of its most powerful, and largely untested, enforcement tools.

In 2012, the Canadian government modernized the Copyright Act. Two important changes were to: 1) enhance fair dealing by adding the education, parody and satire categories; and 2) enact a suite of robust remedial provisions around circumvention of technological protection measures (TPMs) applied to copyright protected works.

But what happens when one wishes to circumvent a technological protection measure to engage in fair dealing? In an upcoming hearing, the Federal Court will consider just that. Spoiler alert: James contends fair dealing trumps TPMs, at least on days ending in “y”.

Speaker:

James Plotkin, Litigation/Disputes Lawyer, WLG (Canada) LLP James Plotkin is a litigation/disputes lawyer in Gowling WLG's Ottawa office. His practice focuses on commercial litigation and arbitration (international and domestic), intellectual property litigation and administrative law. James has argued before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and all levels of court in Ontario. He also frequently acts in international and domestic arbitrations. James is also involved in domain name dispute resolution, both as counsel and adjudicator. He is on the rosters of the Canadian International Internet Dispute Resolution Centre (CIIDRC) and Resolution Canada. James has been published broadly on international and domestic commercial arbitration, copyright, trademarks and domain name disputes. He has contributed commentary on copyright and related issues on television, radio, podcasts and various national and regional English and French print media.

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Non-Members: $69

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