Industry committee  I would just add that that is very consistent with what I was saying about future-proofing the Copyright Act in a sense, by not needing to come back to constantly revisit on questions like “What about text and data mining now?” or “What about fan fiction now?” New kinds of uses will emerge as technologies evolve, and the question should be whether those uses are fair and should be permitted and are consistent with the objectives of the Copyright Act or not, rather than giving as another thing to argue about whether they can fit within this narrow purpose as defined in the act.

Industry committee  I think we shouldn't get hung up on the language of whether it's fair use or fair dealing. In fact, I think simply adding the words “such as” arguably makes it much more like a fair use defence, as that term is used, but our focus should be on whether it's open, whether it's general, and whether it's flexible, and the words “such as” will achieve that.

Industry committee  Thank you very much.

Industry committee  We appreciate your attention and we appreciate you taking the time.

Industry committee  Feel free to do so.

Industry committee  Certainly one of the big differences between fair use and fair dealing is the capacity, especially in the U.S. jurisprudence we've seen for fair use, to accommodate transformative uses writ large, so the real question that comes to the fore is whether a defendant's use of a particular work is simply a substitute for the original in the marketplace—one that simply appropriates the efforts and the originality of the underlying work—or whether the work is in fact itself a creative act, something that engages in another creative process and gives the public something new.

Industry committee  I'm going to start with the reversionary rights, if I may. I think this is an interesting area and one that probably does deserve attention. Certainly it's something that can create a surprise in the market for people who have acquired rights and are not aware of the reversionary interest.

Industry committee  My thanks to the committee. My name is Carys Craig. I'm a professor at Osgoode Hall Law School at York University. I have been teaching and researching in the copyright field for almost 20 years. I'm a co-signatory on the Canadian IP scholars brief, about which you heard last week.