Title: CCH v. LSUC

*Updated: April 2024
Learning Objectives
- Recount the circumstances and outcome of the CCH case
- Describe the role of fair dealing in the CCH case
- Explain the use and interpretation of the CCH six-factor test

SCC decision: 20th anniversary
4 March 2024 marks the 20th anniversary of the SCC decision in CCH Canadian Ltd. v. Law Society of Upper Canada. See the following podcast and articles to learn more about the effects and significance of this case.

- Michael Geist, The Law Bytes Podcast, Episode 194: CCH Turns 20
- Meera Nair, Fair Duty: Twenty years later
- Canadian Internet Policy and Public Interest Clinic (CIPPIC), Celebrating 20 Years of Fair Dealing: Reflecting on the Landmark Decision of CCH

Fair dealing is a users’ right. The librarian is not the ultimate user of the copied material, therefore no copying by librarians for their patrons can be fair dealing.

Q: Fair dealing is a users’ right. The librarian is not the ultimate user of the copied material, therefore no copying by librarians for their patrons can be fair dealing.
A: false

Which of these issues was not addressed in the CCH case?(scroll down to see the "check" button!)

Q: Which of these issues was NOT addressed in the CCH case?
- Whether the provision of a self-service photocopier constitutes copyright infringement
- Whether the Law Society’s custom photocopying service constitutes copyright infringement
- Whether the Law Society’s copying of the publishers’ works can be considered fair dealing
- Whether the geographic distance between a Law Society member’s office and the Great Library’s print collection is a determinative fair dealing factor (correct)

Drag the words into the correct boxes

Q: Complete the phrase that was included in the majority SCC decision: "In order to maintain the proper [...] between the [...] of a [...] and [...], it must not be interpreted restrictively."
A: balance; rights; copyright owner; public good

The six fair dealing factors used by the SCC in this case set a precedent and must be used by the judiciary in all future copyright infringement claims where the defendant relies on a fair dealing argument.

Q: The six fair dealing factors used by the SCC in this case set a precedent and must be used by the judiciary in all future copyright infringement claims where the defendant relies on a fair dealing argument.
A: false

While the SCC made it clear that fair dealing is an important users’ right and has a key role in maintaining the balance of interests between users and rights-holders, this balance can only be maintained through a restrictive interpretation of fair dealing.

Q: While the SCC made it clear that fair dealing is an important users’ right and has a key role in maintaining the balance of interests between users and rights holders, this balance can only be maintained through a restrictive interpretation of fair dealing.
A: false

Which of the following is NOT one of the six factors for determining the fairness of a dealing?

Q: Which of the following is NOT one of the six factors for determining the fairness of a dealing?
- The character of the dealing
- Alternatives to the dealing
- Transformative aspects of the dealing (correct)
- The nature of the work

Choose the correct statement.

Credits: CCH v. LSUC; by University of Alberta; 2019; licence CC BY 4.0