Fair Dealing in Canada Includes Consumer Research

On Friday 14 May 2010, the Federal Court of Appeal (in Canada) confirmed a Copyright Board of Canada decision that permits a broad interpretation of fair dealing.  The issue in the case is whether “research” as mentioned in the wording of fair dealing extends to song previews.  Such previews would include a person freely listening to approximately 30 seconds of a song on a site like iTunes.  The Board had ruled in 2007 that the preview was allowable as consumer research.

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