CanadaCopyright Act, s. 29.2, fair dealing for news reporting
In force since .
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- You may deal fairly with any copyrighted work for the purpose of news reporting, if you mention the source and, if given in the source, the name of the author, performer, maker or broadcaster, as the case may be.
- Judge fairness by the six-factor analysis from CCH Canadian Ltd. v. Law Society of Upper Canada (2004 SCC 13).
- Keep aggregation to limited news excerpts or snippets: the exception may shield a news aggregator that reproduces them, subject to that fairness analysis.
These lines are LexLint's reading of the law's text. Also read by: CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13, [2004] 1 SCR 339 (recorded ).
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://decisions.scc-csc.ca/scc-csc/scc-csc/en/2125/1/document.do
- Case citation
- CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13, [2004] 1 SCR 339
- Open questions
- When does an aggregator that reproduces excerpts of articles by other outlets deal "for the purpose of news reporting" under section 29.2?
- What suffices to mention "the source" under paragraph 29.2(a) when an excerpt appears in a feed or snippet without a full citation of the article?
What this law does
Permits fair dealing with any copyrighted work for the purpose of news reporting, provided the source is mentioned and, if given in the source, so is the name of the author, performer, maker or broadcaster, as the case may be.
This exception may shield news aggregators from copyright infringement claims when reproducing limited news excerpts or snippets, subject to the six-factor fairness analysis established by the Supreme Court of Canada in CCH Canadian Ltd. v. Law Society of Upper Canada (2004 SCC 13). Canada has no separate press-publisher neighbouring right analogous to the EU's Article 15 Directive.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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