ARTICLE · 17 DECEMBER 2024

Legality Of Data Scraping Using AI Revisiting In Canada

Torkin Manes LLP

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Canadian Courts are once again due to rule on the use of artificial intelligence technology ("AI") in scraping data from third-party websites. Data scraping is the process of automatically...

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Canadian Courts are once again due to rule on the use of artificial intelligence technology ("AI") in scraping data from third-party websites. Data scraping is the process of automatically extracting data from websites or other online sources using software. The Courts in Canada have determined that scraping data from a website is not permissible. However, with the advent of AI and its increased accessibility, companies in Canada continue to do this contrary to law and best practices.

Websites can be protected by copyright law. For example, written content, graphics and design elements of a website is generally protected by copyright. Previously, in 2019, the Federal Court of Canada upheld the copyright in content on websites and condemned the actions of web/data scrapers in The Toronto Real Estate Board v. Monghouse.com et al.

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