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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  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  One thing I'd like to point out is that this challenge you're outlining is a challenge that pretty much every country looking at their copyright acts has to live with all the time. Everybody is dealing with this, yet we have less than a handful of countries that have an actual “f

April 20th, 2010Committee meeting

Roanie Levy

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  No, no, quite the opposite. It's not a question of boxing the courts into a corner. What happens is that you give free rein for the courts to determine--

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  --what the policy should be, as opposed to Parliament determining what the policy should be. That is an important distinction, a very important distinction. The courts are not elected officials.

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  That's an example where you could have an exception created for parody. There is, in fact, no clear exception for parody in our Canadian legislation. Some argue that it is embedded in fair dealing; others say it is not. This is one of the problems with fair dealing: you never kno

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  That's correct.

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  That is why we'll let the non-lawyers answer to the challenge of actually turning them into lawyers.

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  For talking about innovation and creativity, probably my colleagues around the panel are in an even better position, because they are the innovators and the creative forces around the creation of published works and of other works as well. I talked about the impact analysis tha

April 20th, 2010Committee meeting

Roanie Levy

Canadian Heritage committee  I was going to say legal certainty, but I think Glenn took that away from me. So instead of legal certainty, I will reiterate something I've mentioned a few times already today, and that is, don't put in the hands of the court what should be determined by Parliament.

April 20th, 2010Committee meeting

Roanie Levy

Bill C-32 (40th Parliament, 3rd Session) committee  Thank you, Mr. Chair, mesdames et messieurs, members of the committee. I'll begin by explaining what Access Copyright does. In order to do so, I invite you to reflect for a second on just one image. Here I have a copy of a page from a story by children's author, Alan Cumyn. A

December 6th, 2010Committee meeting

Roanie Levy

Bill C-32 (40th Parliament, 3rd Session) committee  Based on our study, we believe that about $60 million is at risk as a result of the scope of fair dealing in the education sector, as well as other education-related exemptions provided for in Bill C-32. This is revenue that COPIBEC and Access Copyright collects today for the cop

December 6th, 2010Committee meeting

Roanie Levy