Fair Dealing at a Crossroads

Abstract:

"Shortly before his death Harold Innis wrote: “Law is apt to become any- thing ‘boldly asserted and plausibly maintained.’”1 Applying these words to the present environment suggests that copyright is mere moments away from becoming a means of absolute control. While those familiar with the law are cognizant of copyright’s structure of limited rights, lay people see copyright as all-encompassing and act accordingly. Music downloading notwithstanding, perception is that copyrighted material cannot lawfully be used without permission. Judging by the proposed changes to the Copy- right Act, perception is becoming nine-tenths of the law."

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