Osgoode Hall Review of Law and Policy (OHRLP)

This submission addresses the issue of fair use, in both the traditional sense, and in the sense of an expanded and more flexible fair dealing regime. Fair use should not be adopted as it leads to uncertainty, expensive litigation, and leaves important public policy decisions to be made by courts instead of Parliament. Further, fair use would reduce revenues available to creators, (which, in turn would reduce the capacity of creators to innovate), while potentially undermining legitimate collective licensing models. Fair use may also be inconsistent with Canada’s international treaty obligations. Finally, in light of international experience rejecting the adoption of fair use it would be imprudent for Canada to do so.

Barry Sookman and Dan Glover, Why Canada Should Not Adopt Fair Use (2009) 2 Osgoode Hall Rev.L.Pol'y 139.