What you need to know about fair use in copyright law
A little over a month ago, the Supreme Court of Canada ruled that Canada’s Copyright Act does not require that all commercial speech must be fair use.
That means that the law does not prohibit a broadcaster from using copyrighted material in a way that does not infringe copyright.
In the case of CBC, however, the court held that CBC has a legitimate interest in protecting its brand, its public image and its intellectual property.
A fair use is a way of using copyrighted content to create a new purpose or purpose in which the original material is not in danger of being lost or stolen.
In Canada, this is a relatively new concept that was first brought to the attention of the Supreme Courts of Canada by a group of Canadians named in the landmark U.S. case of the case that ultimately made the U.K. and Australia the only countries that have copyright law in place that protects fair use of copyrighted material.
The CBC case is being watched closely by broadcasters in Canada and around the world, because the court’s decision may not be the last word on whether copyright is truly fair use when used in Canada.
The Canadian Copyright Act, enacted in 1982, protects broadcasters from being sued by individuals or groups if they make a “fair use” of copyrighted works, meaning they do not “transform” the works, create a derivative work, or otherwise make a different kind of use of a copyrighted work than that permitted by copyright.
The act applies to all broadcasting services and news programs, including CBC, but does not cover websites.
As such, the CBC was not required to register for fair use under the Act.
CBC and its network partners are allowed to use copyrighted material for their news and programs, but it’s up to individual broadcasters to determine whether they will take advantage of the Act’s provisions.
The Canadian Broadcasting Corp. is one of the few broadcast and media organizations that do not have a registered copyright in Canada, but in 2010, the corporation sued The Associated Press in New York for using an image of its logo without permission from the copyright holder.
The court found that the AP did not infringed the AP’s copyright, and that the use of the image did not constitute a fair use because it was a “sporty” representation of the CBC logo.
The Associated News appealed, but the Supreme’s decision in this case will likely have a big impact on other media outlets that have filed copyright infringement lawsuits against The Associated Media in the past.
For now, though, the decision is not likely to have a huge impact on CBC’s decision to use the logo in its new show, The Agenda.
ABC also sued The New York Times in New Yorker Magazine for using a photo of its famous logo without attribution in a story about a new project it was working on.
The lawsuit was dismissed in 2012, but The New Yorker eventually decided to use a similar logo in an article that was published in 2016.
When the Supreme was asked about the decision, the company said that it would not be commenting at the time.