Tom Hopkins International, Inc. v.
Wall & Redekop Realty Ltd.
citation(s): (1984), 1 C.P.R. (3d) 348 B.C.S.C. per Trainor J.)
|
Tom Hopkins International, Inc. v.
|
copyright 1997 Donald M Cameron, Aird & Berlis
Copying for commercial use is not "fair dealing".
The defendant bought one copy of the training materials and then made 10 copies of the printed material and a videotape for future use. He claimed that such copying was permitted as "fair dealing" under the Canadian Copyright Act.
Making ten copies of internal sales training material is not "fair dealing" and is copyright infringement.
"In my view, the exception provided by s. 17(2)(a) {now s. 27(2)(a)} does not extend to the preparation of 10 copies of the entire set and distribution for possible repeated use in branch offices. Fair dealing for any of the purposes mentioned in s. 17(2)(a) might permit partial copies for limited viewing or possibly entire copies for viewing on the basis of the time-shifting argument accepted by the majority of the Supreme Court of the United States in Sony Corp. of America v. Universal City Studios, Inc.:
Return to:
Cameron's IT Law: Home Page; Index
Cameron's Canadian Patent & Trade Secrets Law: Home Page; Index