Title: SOCAN v. Bell

*Updated: September 2024

Learning Objectives

- Recount the circumstances and outcome of the SOCAN v. Bell case
- Describe the role of fair dealing in the SOCAN v. Bell case
- Explain the use and interpretation of the CCH six-factor test in the SOCAN v. Bell case

More about the end user's purpose
To pass the first test in a fair dealing assessment, the copying or use of a work must be for an allowable purpose as listed in s. 29 of the Copyright Act. When the copying is done by an intermediary acting for or on behalf of an end user, it is the end user’s purpose that must be considered in this test.

There are other SCC cases that support this approach. In CCH Canadian Ltd. v. Law Society of Upper Canada (2004 SCC 13), the Court confirmed that librarians could make copies of materials on behalf of patrons, and in Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright) (2012 SCC 37), the Court confirmed that teachers could make copies of materials to support the private study of students.

To learn more about these cases, see the related OUC modules:

- CCH Canadian Ltd. v. Law Society of Upper Canada
- Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright)

What was NOT a central issue in the SOCAN v. Bell case?

Q: What was NOT a central issue in the SOCAN v. Bell case?
- Whether a 45-second preview is a substantial amount (correct)
- Whether fair dealing can apply to the playing of previews
- Whose perspective to use for considering the purpose of the use of the work
- Whether playing previews passes the CCH six-factor test

The Supreme Court ruled in favour of SOCAN, deciding that previews did not constitute fair dealing:

Q: The Supreme Court ruled in favour of SOCAN, deciding that previews did not constitute fair dealing:
- True
- False (correct)

Fair dealing could be considered for the previews because:

Q: Fair dealing could be considered for the previews because:
- Their purpose is research (correct)
- A 45-second preview is an insubstantial amount
- The quality of previews is low
- Y’all can’t copyright no beat

If previews are covered under fair dealing:

Q: If previews are covered under fair dealing:
- Customers may listen to them without paying (correct)
- Rights holders must be compensated if they are played
- The Government of Canada must be compensated if they are played
- The previews are placed in the public domain

What is NOT one of the factors in the CCH six-factor test?

Q: What is NOT one of the factors in the CCH six-factor test?
- Transformative use (correct)
- The nature of the work
- Purpose of the dealing
- Alternatives to the dealing

Drag the correct factors of the six-factor test into boxes:

- Nature
- Novelty
- Amount
- Cost
- Effect
- Character
- Purpose
- Coolness
- Popularity
- Alternatives
Q: Nature
A: Nature; Alternatives; Purpose; Character; Effect; Amount
Q: Amount
A: Alternatives; Purpose; Character; Effect; Amount; Nature
Q: Effect
A: Nature; Amount; Effect; Character; Purpose; Alternatives
Q: Character
A: Alternatives; Purpose; Character; Effect; Amount; Nature
Q: Purpose
A: Alternatives; Character; Purpose; Effect; Amount; Nature
Q: Alternatives
A: Nature; Amount; Effect; Character; Purpose; Alternatives

Choose the correct statement.

Credits: SOCAN v. Bell; by University of Alberta; 2020; licence CC BY 4.0