Decision

Canadian Broadcasting Corporation v. Conservative Party of Canada, 2021 FC 425

Justice Phelan - 2021-05-13

Read full decision. Automatically generated summary:

In summary, this is a case about political criticism and whether the CBC can prevent political parties from using CBC’s copyright protected works for this purpose. ... The Works are brief excerpts of CBC news reports which appeared in an election advertisement and also brief excerpts from the English language federal leadership debate distributed in a series of four tweets. ... In considering the purpose of an appropriation, it would be an error to focus solely on money. In the political context, votes are currency and securing votes is the ultimate game – money just allows a political party the opportunity to pursue votes. In the context of a political campaign, I conclude that the purpose of the appropriation was saving time and money, and creating an impactful political campaign and influencing voters. All of this supports the qualitative taking and the substantiality criteria. ... Therefore, the Court concludes that the Respondents took in respect of the Advertisement and Tweets a substantial part of CBC’s copyrighted Works. ... Weighing all these factors, the Court concludes that the Respondents’ use of the CBC Works was, on these facts, fair. ... Given the Court’s findings that the Respondents’ use of CBC copyrighted material was for an allowable purpose and was “fair dealing”, this matter must be dismissed with costs at the usual scale.

Decision relates to:

  • T-1663-19 - CANADIAN BROADCASTING CORP. ET AL. v. CONSERVATIVE PARTY OF CANADA ET AL.

 

Canadian Intellectual Property