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Canadian Heritage committee  No. I think that is correct. There is a balance between the user and the copyright. I don't think that is inappropriate for the courts to say. But the one thing the CCH case did, for example, is look at a series of conditions, or criteria, six of them, to determine whether the u

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  In this decision or in any decision.

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  It is very difficult for the court. The court does not have the impact analysis that is usually part of policy-making and changes in the legislation. That is part of the process when law-making happens, when there's a change in policy. With fair dealing, and with an expansion o

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  I think it goes back to the question Mr. Coderre asked earlier. There is just so much we can do in predicting the future without creating a significant risk for the rights holders of actually taking away what we're trying to build for them. On the one hand, we want to strengthen

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  Along that line, I think that because some people find value in their business models to giving something away for free, it's not that everybody needs to give everything away for free. I think there is a difference--

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  Right, but the market will sort that out, and business models--

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  And that's part of.... That's fine. That's not the problem. It doesn't mean because educators can use free stuff that everything they use should be free. I think that's a big difference. I would just like to point out--

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  Yes. I need two points of clarification.

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  Yes. First, the Supreme Court of Canada, in the CCH case, did not create a fair use. It did not do that. It was very specific. It said that you still had to meet one of the permitted purposes. So it did not create fair use. I think that needs to be clear--

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  You asked two questions there. The first question is about our digital culture and--

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  When you create an exception where a copyright holder, a user, a rights holder, is not paid for the use of the work, I think you need to be sure that you create parameters on what the use is, because you are encroaching on someone's ability to be compensated for the use of the wo

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  Well, the market has been able to put in place a licence that doesn't require that. The market can do that. Rights holders can choose how they want to license their work. The point is that when rights holders are given the opportunity to put business models in place, they tend to

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  Absolutely. That's precisely the difference between fair dealing in Canada and fair use in the United States.

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  Yes, that should be the case.

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  I think there would indeed be a lot of lawsuits. Until there have been a lot of lawsuits, we won't absolutely know where copyright ends and fair dealing begins. The only way to determine that would be through the courts. That would be their responsibility. That would take tens of

April 20th, 2010Committee meeting

Roanie Levy