Canadian Copyright and Fair Dealing: The True North Strong and Free?

Believe it or not, your favorite movie or TV show might star a Canadian and even be filmed in Canada. Your favorite musician might be Canadian. Your favorite book might be written by a Canadian. Your favorite podcaster, Youtuber, TikToker? Yes, they might be Canadian too.

This raises an important legal question: If copyright is the legal building block of the entertainment, media, and creative industries, what is the law of copyright like in Canada?

If you, like Homer Simpson (the great sage of our times), take the position that Canada is "America Junior", you might assume that Canadian copyright law is the mirror image of American copyright law.

The reality, however, is that this is not exactly the case.

In this presentation, Jon Mechanic, Rimon Law, will guide you through the Canadian law of copyright, moral rights, and fair dealing. Relevant comparisons and contrasts will be drawn between Canadian and American law.

Among other things, we will explore the following through a Canadian legal lens, and in some cases, a  Canada-US comparative law lens.

1. The constitutional foundation for copyright
2. The idea-expression dichotomy
3. The definition of copyright
4. Copyright registration
5. The term of copyright
6. The definition of moral rights
7. Moral rights waivers and consents
8. Key rules of fair dealing
9. Notable Supreme Court of Canada case law and more recent case law on fair dealing

Learning Objectives:

1. Examine Canadian laws relating to copyright, moral rights, and fair dealing
2. Explore the judicial history regarding fair dealing
3. Appreciate the shared legal tradition and some legal nuances between the United States and Canada