Near the end of 2012, a law called Bill C-11 made some significant changes to Canada's Copyright Act, some of which influence the way fanworks are treated under Canadian law. With that in mind, we're bringing you a series of Q&A posts written by Graham Reynolds, an Assistant Professor at the Schulich School of Law at Dalhousie University in Halifax, Nova Scotia, Canada. Graham teaches and researches in the areas of copyright law, intellectual property law, property law, and the intersection of intellectual property and human rights, so he's the perfect person to explain how the changes are likely to influence the law of fanworks in Canada.
We posed a series of questions to Graham, and will be posting his answers in this space over the next couple of weeks. These answers aren't legal advice, and if you need specific legal advice Graham (and we) advise you to consult with a lawyer and/or send a query to the OTW Legal Committee.
Today, Graham answers two questions: first about the general contours of the law, and second about the law of "fair dealing" (which is a like the U.S. concept of "fair use," but as explained below, is somewhat different) In the latter, Graham walks through the requirements of what it takes for a fanwork to be considered "fair dealing" under the law.