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ARTICLE · 26 OCTOBER 2021

Trend Hunters – Recent Developments In The Attribution Requirement For "News Reporting".

Smart & Biggar
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For the second time in 2021, the Federal Court has weighed in on the attribution requirements for a dealing to qualify as "fair" in the context of news reporting.

CanadaMedia, Telecoms, IT, Entertainment
François Larose
François Larose
Tamara Winegust
Tamara Winegust
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For the second time in 2021, the Federal Court has weighed in on the attribution requirements for a dealing to qualify as "fair" in the context of news reporting. First in Canadian Broadcasting Corporation v. Conservative Party of Canada, 2021 FC 425, (CBC) and now in Stross v. Trend Hunter Inc., 2021 FC 955, (Stross 2021) the Courts' decisions suggest a degree of flexibility will be applied to the requirements of section 29.2 of the Canadian Copyright Act, RSC 1985 c. C-42, but that there are limits to that flexibility.

Section 29.2 establishes that to qualify as "fair dealing" for the purposes of news reporting, the user must mention (a) the source, and (b) the creator - i.e., the author of the work, performer of the performance, maker of the sound recording, or broadcaster of the communication signal. The Courts' reasoning in each of CBC and Stross 2021 suggests there may be instances where a user who reproduces others' work for the purposes of news reporting

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