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ARTICLE · 05 JULY 2024

Blacklock's Reporter V Canada (Attorney General) And Password Sharing For Research Purposes

In its decision in 1395804 Ontario Ltd (Blacklock's Reporter) v Canada (Attorney General), the Federal Court reaffirmed the broad nature of the Copyright Act's ("Act") fair dealing exception for research and made clear that the licit acquisition and valid use of a password does not constitute...

CanadaIntellectual Property

In its decision in 1395804 Ontario Ltd (Blacklock's Reporter) v Canada (Attorney General), the Federal Court reaffirmed the broad nature of the Copyright Act's ("Act") fair dealing exception for research and made clear that the licit acquisition and valid use of a password does not constitute the circumvention of a technological protection measure ("TPM"). In coming to its decision, the Court considered three main issues: rectification, fair dealing, and technological protection measures. The Court also relied heavily on a previous case, 1395804 Ontario Ltd, Operating as Blacklock's Reporter v AGC ("Department of Finance"), in which the same plaintiff, Blacklock, similarly alleged copyright infringement against another federal department.

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