thanks for sharing! This would have been helpful for the exam haha.
After reading the summary of the Google Books decision, I wonder how it would have been decided differently in Canada. The article notes that Google Books neither fell into research or journalism, however, the transformation between the originals and the e-books was enough to overcome copyright infringement. In Canada, it would need to fit into one of the fair dealing categories before the fairness analysis where something like transformation might be relevant. However, since the categories are interpreted broadly, it’s very possible that the Canadian courts would find it to be fair dealing under either research or private study.
Copyright & Social Media
Communications Law
thanks for sharing! This would have been helpful for the exam haha.
After reading the summary of the Google Books decision, I wonder how it would have been decided differently in Canada. The article notes that Google Books neither fell into research or journalism, however, the transformation between the originals and the e-books was enough to overcome copyright infringement. In Canada, it would need to fit into one of the fair dealing categories before the fairness analysis where something like transformation might be relevant. However, since the categories are interpreted broadly, it’s very possible that the Canadian courts would find it to be fair dealing under either research or private study.