Fair Dealing Week 2026: Online Must-See Events for February 25, 2026

 

(University of Alberta)

Once again, it’s  Fair Dealing week. Here are a couple of worthwhile Canadian online events for February 25, 2026:

·       Peter K. Yu at 1 PM ET presented by CARL: Webinar: User Rights in the Age of Generative AI: https://www.carl-abrc.ca/event/user-rights-in-the-age-of-generative-ai/

·       David Vaver at 4 PM ET presented by CAUT: Fair Dealing Week 2026: User rights then and now: https://www.caut.ca/event/fair-dealing-week-2026-user-rights-then-and-now/

Don’t forget to register!

BTW, speaking of fair dealing, it’s interesting to note that Access Copyright is now getting more aggressive about pursuing businesses for licences.

It’s worth remembering that the Supreme Court of Canada made it very clear in the landmark CCH v. LSUC decision in 2004 that “Lawyers carrying on the business of law for profit are conducting  research within the meaning of s. 29 of the Copyright Act.”

51  The fair dealing exception under s. 29 is open to those who can show that their dealings with a copyrighted work were for the purpose of research or private study.  “Research” must be given a large and liberal interpretation in order to ensure that users’ rights are not unduly constrained.  I agree with the Court of Appeal that research is not limited to non-commercial or private contexts. The Court of Appeal correctly noted, at para. 128, that “[r]esearch for the purpose of advising clients, giving opinions, arguing cases, preparing briefs and factums is nonetheless research.”  Lawyers carrying on the business of law for profit are conducting  research within the meaning of s. 29 of the Copyright Act. (highlight and emphasis added) 

See: CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13 (CanLII), [2004] 1 SCR 339, <https://canlii.ca/t/1glp0>

Why should commercial businesses other than law that must engage in research not be entitled to the “users’ right” of fair dealing?

BTW, for a deep dive into the significance of the CCH decision, see the replay of the September 19 & 20, 2025 anniversary conference here.

HPK