cch canadian
principal subsidiaries: cch publishing inc. ; legal information services; computax inc. ; cch canada; cch europe; cch asia; cch australia; cch new zealand; matthew bender & co; mccord co .
hall, gordon and m. , mercer. handbook of canadian pension and benefit plans, 11th ed, toronto: cch canadian, 1996 .
and, until i write a complete resource page for cch canadian, here are some references: cch canadian ltd. v. law society of upper canada, 2004 scc 13. canadian association of university teachers. (december 2008) fair dealing. intellectual property advisory, no. 3 .
canlii connects - cch canadian ltd. v. law society of upper canada: most cited paragraphs / paragraphes les plus cités
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canadians were reminded of this in 2002 through the court of appeals’ iteration of cch canadian. in the final round of cch canadian, in 2004, the supreme court justices also brought attention to section 30. 2 (1). paragraph 83 of that decision states :
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“this strategic partnership represents a significant opportunity for cch to further improve the profitability of our customers, ” said doug finley, president of cch canadian. “partnering with xcm allows us to immediately provide our canadian clients with state of the art workflow automation that will make them more efficient and productive. ”
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canadian foundation for children youth and the law v. canada (...
barrie public utilities v. canadian cable television assn. : mo ...
readers may remember that user rights gained prominence in canada in 2004, via cch canadian. writing for the supreme court of canada, in a decision supported with unanimity, chief justice beverley mclachlin states :
canadian association of pension supervisory authorities, consensus for pension reform. (1982) .
collins, kevin. women and pensions. canadian council on social development. ottawa: 1978 .
clark, hart. d .
background paper on features of interest and concern to women in the canadian income system .
canadian advisory council on the status of women. ottawa: 1980 .
azoulay, dan andre. canadian political parties; historical readings. toronto: irwin pub. , 1999 .
barrie public utilities v. canadian cable television assn. , 2003 scc 28, [ 2003 ] 1 scr 476
burbridge, john. social security in canada: an economic appraisal. toronto: canadian tax foundation, 1987 .
castell hopkins, j .
voluntary contributions to war funds ,
canadian annual review. toronto: 1914 .
ismael, j. s. , ed. canadian social welfare policy: federal and provincial dimensions. kingston: 1985 .
yesterday marked the seventh anniversary of the cch canadian decision. in this blog i have tended to focus on the fairness test that took form from the ruling and its implication for the importance of a multi - facetted inquiry into every act of copying. the anniversary date is a good time to remember that the case covered much more .
this exception was not relied upon in cch canadian: “the law society’s dealings with the publishers’ works were fair. thus, the law society need not rely on the library exemption. however, were it necessary, it would be entitled to do so (para. 84). ” but section 30. 2 should not be forgotten .
rice, james j. , and michael j. prince, changing politics of canadian social policy. university of toronto press, 2000 .
canadian foundation for children, youth and the law v. canada (attorney general), 2004 scc 4, [ 2004 ] 1 scr 76
struthers, j. no fault of their own: unemployment and the canadian welfare state 1914 - 1941, 4th ed. toronto: 1983 .
baetz, reuben c .
the significance of the conference for canada ,
in proceedings of the canadian conference on aging. toronto: 1966 .
blair, r. s, jack, mcleod. the canadian political tradition; basic readings, scarborough, ont. : nelson canada, 1993 .
newton, janice. the feminist challenge to the canadian left, 1900 - 1918. montreal: mcgill - queen' s university press, 1995 .
novak, mark w. aging and society; a canadian perspective, 3rd ed. , scarborough, ont. , canada: nelson, 1993 .
the law society of upper canada (lsuc) has a reference / research library offering a custom and self serve photocopy service. cch canadian (cch) sues seeking a declaration of subsistence and ownership of copyright in 11 specific works, a declaration that lsuc has infringed on their copyright, and a permanent injunction preventing further copying. lsuc denies the infringement and files a counterclaim for declaration that copyright is not infringed when a single copy of a reported decision, case summary, statute, regulation or a limited selection of text from a treatise is made by the great library staff or patron for research purposes .
desbarats, peter. the hecklers; a history of canadian political cartooning and a cartoonists' history of canada, toronto: mcclelland and stewart. 1979 .
harevan, tamara .
an ambiguous alliance: some aspects of american influences on canadian social welfare, 4th. ed .
histoire sociale. 1969 .
townson, monica. pensions under attack: what' s behind the push to privatize public pensions. ottawa: canadian centre for policy alternatives, 2001 .
guillemette, rev. andré - marie .
future activity on behalf of the aging .
in proceedings of the canadian conference on aging. toronto: 1966 .
binnie’s remarks were later given added thrust in cch canadian. reminding us that fair dealing “was always available, ” mclachlin continued with: “research must be given a large and liberal interpretation in order to ensure that users’ rights are not unduly constrained (para. 49 - 51) ”. and after a multi - factor examination of the copying under scrutiny (building and improving upon the four factors of american fair use) the court declared fair dealing .
ascah, louis. the great pension debate: federal and provincial pension reform - missing, misleading and shrinking: proposals. the canadian centre for policy alternatives. ottawa: 1991 .
gee, e. m. and s. a. mcdaniel .
pension politics and challenges: retirement policy implications
canadian public policy vol. 17. (1991) .
strong - boag, v .
mothers' allowances and the beginnings of social security in canada .
journal of canadian studies, 14: 1, (spring 1979). 5th .
cch workflow - powered by xcm provides real - time access to client information, helping professionals manage their firm’s various processes and offices more efficiently. the new solution automates the firm’s workflow processes, saving an average of 90 minutes per person per day, according to preliminary results from xcm solutions’ annual client survey .
simeon, richard and ian robinson. state, society, and the development of canadian federalism. toronto: university of toronto press, 1990. (the collected research studies / royal commission on the economic union and development prospects for canada) .
carman, francis a .
canadian government annuities, a study of their relationship to poverty in old age ,
new york, academy of political science. quarterly vol. 30, no. 3 (sept. 1915), pp 425 - 447 .
tupper, charles, sir. speech of the honourable provincial secretary [ i. e. charles tupper ] on the union of the colonies, [ s. 1, s. n. ] 1987, 1865 1 microfiche (12 fr .). half title .
dr. tupper addressed the house as follows
- p. [ 3 ] .
[ from the official reports of april 10, 1865 ] in double columns. filmed from a copy of the original publication held by the metropolitan toronto library, canadian history department, ottawa: canadian institute for historical microreproductions .
no evidence the copiers were used in manner inconsistent with copyright law. the court held that the court of appeal erred in finding that lsuc' s posting of the notice constitutes an express acknowledgement that copiers will be used in an illegal manner. lsus lacks sufficient control over the works patron chooses to copy, purposes for copying, or photocopiers themselves. lsuc does not have to go out and prove that people who use copiers or take advantage of the custom photocopy service have done so in accordance with the law; the burden of proof rests on cch (can rely on the fair dealing exception) .
toby, the american tour of messrs. brown, james and robinson; being the history of what they saw & did in the united states, canada and cuba by toby, new york, d. appleton, 1981 1872 2 microfiches (81 fr .). filmed from a copy of the original publication held by the university of british columbia library, ottawa: canadian institute for historical microreproductions .
the postwar era remained highly competitive for legal and business reference publishers, with corporation trust, prentice hall, and commerce clearing house all seeking to exploit new market niches. when commerce clearing house created the business law reference reporter, prentice hall sued the company for copyright infringement. the protracted legal battle, although ultimately inconclusive, severely damaged commerce clearing house' s financial reserves. in 1927, in order to preserve his business, kixmiller merged commerce clearing house with corporation trust. the new corporation took the name commerce clearing house, inc. , (cch) although corporation trust (and the thorne family) assumed the controlling interest in the company .
encouraging as the decision was, it by no means assured anyone of success in the long - term pursuit of balance in copyright law. in a comment upon the case, teresa scassa wondered if it was “too little, too late. ” the predilection of the world then (as it is now) was to adopt more expansive copyright and the canadian government of the day showed no signs of taking a different course of action. she wrote :
the case offered much to canadians. fair dealing emerged as a robust principle instead of merely a defense against infringement. institutions were provided instruction in how to shape their practices to be in accordance with the law. yet a curious byproduct of the ruling seems to be more confusion over when and how to apply fair dealing. and forgotten is a tangential remark: canadian libraries already had the right to stand in the shoes of their patrons for acts of fair dealing .
… [ w ] hile the canadian supreme court’s new balancing approach offers users greater scope under the existing copyright legislation than they have ever realistically been able to hope for, it is an approach that may be anachronistic, insufficient and ultimately against the grain of current legislative and international directions. the court may well be situating itself as the last champion of a much beleaguered underdog – the ordinary user, and in this respect, the effort is welcome (p. 97) .
north of 49, posted february 24, 2015: “the proximity of the united states to canada occasionally leads to some confusion north of the 49 th parallel; in common parlance, fair use eclipses fair dealing. i cannot resist reminding others: we are canadian; our exception is fair dealing. yet it is only appropriate to also say that canada has benefited greatly by american fair use. from our vantage point, we were able to appreciate the opportunity provided by flexibility in the language of exceptions, suffer the worst of fair use’s growing pains by proxy, and step ahead of such pain in our own development of exceptions. ” to read more, see link or pdf .
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were the law society' s dealings with the publishers' works
fair dealings
under s. 29 of the copyright act ?
the publishers’ works are original and protected by copyright act. applied a test for originality :
lsuc can rely on it’s general practice under the 1996
access to law policy
to establish fair dealing. applied a test for fair dealing :
the copyright act has dual objectives, to balance public interest in the encouragement and dissemination of works and obtaining a just reward for the creator; the balance among these and other public policy objectives lies not only in recognizing the creator’s rights but in giving due weight to their limited nature .
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/ * * * beep boop beep: computing computing. * bip boup bip: calcul calcul. * * / i analyzed 100 cases citing the present reference. the following paragraphs were the most frequently cited: - i found 8 citations for paragraph 9 - i found 5 citations for paragraph 8 - i found 5 citations for paragraph 16 - i found 3 citations for paragraph 25 - i found 3 citations for paragraph 85 - i found 2 citations for paragraph 10 - i found 2 citations for paragraph 23 * * * j' ai analysé 100 décisions citant la présente référence. les paragraphes suivants étaient les plus souvent cités: - j' ai trouvé 8 mentions du paragraphe 9 - j' ai trouvé 5 mentions du paragraphe 8 - j' ai trouvé 5 mentions du paragraphe 16 - j' ai trouvé 3 mentions du paragraphe 25 - j' ai trouvé 3 mentions du paragraphe 85 - j' ai trouvé 2 mentions du paragraphe 10 - j' ai trouvé 2 mentions du paragraphe 23
medovarski v. canada (minister of citizenship and immigration); esteban v. canada (minister of citizenship and immigration), 2005 scc 51, [ 2005 ] 2 scr 539
resurfice corp. v. hanke: most cited paragraphs / paragraphes ...
named person v. vancouver sun: most cited paragraphs / paragra ...
chieu v. canada (minister of citizenship and immigration): mos ...
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the company that loves the u. s. tax code ,
source: international directory of company histories, vol. 14. st. james press, 1996 .
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the fair dealing exception, like other exceptions in the copyright act, is a user’s right. in order to maintain the proper balance between the rights of a copyright owner and users’ interests, it must not be interpreted restrictively (para. 48) .
all rights reserved. no part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from the publisher .
if one unpacks this passage, the first sentence is correct. all the rights offered within copyright law have been reserved to the benefit of the copyright holder. at this juncture though, one should remember that extensive as those rights are, copyright holders are not permitted the right to refuse exceptions defined within the same law. copyright holders cannot pick the parts of the copyright act they wish to accept, and the parts which are to be dispensed with. but the sentence that follows in the passage tries to do exactly that; it categorically denies unauthorized use, despite the fact that fair dealing, fair use, and a host of other exceptions, can allow reproduction and transmission, by whatever means, without the consent of the publisher .
fair dealing / fair use week sparked an outpouring of dialogue about our exceptions for unauthorized use. my favorite was jonathan band’s description of the many sightings of fair use in the daily life of a legislative assistant .
and, it was with great pleasure that i contributed the following posts to harvard library and the office for scholarly communication, and university of toronto scholarly communications and copyright office. my thanks to kyle courtney and daniela cancilla for the invitations to participate with their respective universities .
under s. 30. 2 (1), a library or persons acting under its authority may do anything on behalf of any person that the person may do personally under the fair dealing exceptions to copyright infringement (para. 83) .
i concluded in the main appeal that the law society’s dealings with the publishers’ works were fair. thus, the law society need not rely on the library exemption. however, were it necessary, it would be entitled to do so (para. 84) .
what surrounded the decision with acclaim from public interest advocates, and loathing from some copyright owner representatives, was the recognition by the court that the system of copyright is inherently about nuance—that copyright does not support a blanket prohibition on all copying .
excessive control by holders of copyrights and other forms of intellectual property may unduly limit the ability of the public domain to incorporate and embellish creative innovation in the long - term interests of society as a whole, or create practical obstacles to proper utilization. this is reflected in the exceptions to copyright infringement … which seek to protect the public domain in traditional ways such as fair dealing … (para. 32) .
returning to scassa’s comment, she drew particular attention to mclachlin’s instruction that the availability of a license is not relevant to a decision of fair dealing. scassa wrote: “this is an extremely important statement for libraries and universities which have struggled with the costs of reprography licenses to protect them against copyright infringement actions (p. 95). ”
tucked into my books is an old newspaper clipping titled “photocopying not an automatic infringement of copyright laws. ” in a space of 12 cm x 15 cm, reporter janice tibbetts succinctly captured and conveyed the main issues: (1) that copying in itself can be permissible within the mandate of copyright; (2) a library can provide copying services (subject to careful consideration) for its patrons; (3) the mere provision of equipment that could be used for copyright infringement is not authorization of infringement (emphasis added); and (4) a higher standard on the meaning of “originality” in terms of what qualifies for copyright protection .
as some readers may recall the principle complaint in the case was the practice of the library of the law society of upper canada making copies of copyrighted material at the request of patrons. key to the favourable outcome was the library’s clearly defined policy governing the requests for copies. writing for the court, chief justice beverly mclaughlin noted :
( the complete access policy is quoted in the ruling; see paragraph 61. )
this comports with the purpose of the fair dealing exception, which is to ensure that users are not unduly restricted in their ability to use and disseminate copyrighted works. persons or institutions relying on the s. 29 fair dealing exception need only prove that their own dealings with copyrighted works were for the purpose of research or private study and were fair. they may do this either by showing that their own practices and policies were research - based and fair, or by showing that all individual dealings with the materials were in fact research - based and fair (emphasis added, para. 63) .
notably, while the library’s clientele included commercial law firms this was not a bar to the finding of fair dealing .
in 1999, amendments to the copyright act came into force allowing libraries, archives and museums to qualify for exemptions against copyright infringement: s. c. 1997, c. 24. under s. 30. 2 (1), a library or persons acting under its authority may do anything on behalf of any person that the person may do personally under the fair dealing exceptions to copyright infringement (para. 83) .
section 30. 2. (1) reads as: “it is not an infringement of copyright for a library, archive or museum or a person acting under its authority to do anything on behalf of any person that the person may do personally under section 29 or 29. 1. ”
section 29 and 29. 1 of the copyright act apply to research or private study, and, criticism and review, with the attendant conditions. libraries et al. should take note of section 30. 2 (2); it is very specific to the purpose of research and private study; it allows reproduction of complete, single copies of articles taken from scholarly, scientific or technical periodicals. to qualify for section 30. 2 the library must be a nonprofit entity .
today was an eventful day. ministers clement and moore set the stage for amendment to the copyright act with their op / ed in the national post. the ministers emphasized the importance of facilitating creative effort in canada. to that end, the parliamentary process for amending the act has begun with the notice paper .
when courts adopt a standard of originality requiring only that something be more than a mere copy or that someone simply show industriousness to ground copyright in a work, they tip the scale in favour of the author’s or creator’s rights, at the loss of society’s interest in maintaining a robust public domain that could help foster future creative innovation. … by way of contrast, when an author must exercise skill and judgment to ground originality in a work, there is a safeguard against the author being overcompensated for his or her work. this helps ensure that there is room for the public domain to flourish as others are able to produce new works by building on the ideas and information contained in the works of others [ para. 23 ] .
the term public domain is also not defined in our act. connotation of the phrase ranges from the benign (that which is freely available to the public) to an aura of degradation (to fall into the public domain implies a loss of stature). common to both interpretations is the belief that material in the public domain is absent copyright, either through expiry or ineligibility. as i have noted the world intellectual property organization defines the public domain as, “… the realm of works which can be exploited by everybody without any authorization. ” this includes work lacking copyright protection, however, it also includes currently copyrighted material accessed in accordance with exceptions detailed in our act. including fair dealing .
i had the pleasure of chatting with librarians on friday, yet i always leave such events with the same guilty feeling i have after spending time with my mother. librarians and mothers look after us, even when we don’t know that they are doing it. and on those days (many in my case) when i explicitly ask for help from either party – i get far more than i had imagined possible .
but guilt is a less - than - practical emotion. theoretically, one should use that same mental energy in a productive fashion. so the solution seems easy enough – give back a little of the wealth of help that keeps coming my way. well, i tried that with my own mother yesterday. my daughter and i took her out for a shopping session and dinner in an indian section of town. by the end of it, my groceries had been bought (by mother), our dinner paid for (by mother), and i was wearing a pretty new necklace (also courtesy of mother .) seriously, i didn’t plan it this way .
which leaves the library community as my only source of guilt - alleviation. all i can really give are recitations of copyright lore. so here’s one that might be of interest. for fair dealing, librarians can stand in the shoes of their patrons .
30. 2 (1) it is not an infringement of copyright for a library, archive or museum or a person acting under its authority to do anything on behalf of any person that the person may do personally under section 29 or 29. 1. 30. 2 (1) ne constituent pas des violations du droit d’auteur les actes accomplis par une bibliothèque, un musée ou un service d’archives ou une personne agissant sous l’autorité de ceux - ci pour une personne qui peut elle - même les accomplir dans le cadre des articles 29 et 29. 1 .
in 1999, amendments to the copyright act came into force allowing libraries, archives and museums to qualify for exemptions against copyright infringement: s. c. 1997, c. 24. under s. 30. 2 (1), a library or persons acting under its authority may do anything on behalf of any person that the person may do personally under the fair dealing exceptions to copyright infringement .
today i don’t have to cook. the leftovers from yesterday’s feast are in my fridge (along with the added treats m. bought us from the sweet shop). must make a phone call now…
laura murray has posted her contribution to the recent ottawa roundtable concerning revisions of the copyright act. (thank you laura .) i share her concern that fair dealing’s usefulness will be eradicated if implicated within licensing programs. as it is, the academic community tends to bestow more rights upon copyright owners than the law actually provides .
for various reasons, there is a presumption that use of copyrighted material relies on permission from the copyright holder. past efforts to protest have been met with indignation, and academic representatives were seen as wanting everything for free. i have written on this issue before, with respect to the consultations of 2004 :
…a frequent theme of discussion was that manufacturers of tables, chairs, and software are not asked to give away their work for free, so why should creators be requested to do so? lost in the argument was the fact that no - one had asked creators to make their work available for free, instead, free work was asked to be made available—that existing free rights of access to copyrighted work should be respected and protected .
i hope the efforts of laura and many others come to fruition, and that fair dealing receives the support of the federal government of canada. but to what extent will the academic community, as a whole, utilize fair dealing? the palpable unwillingness to engage with fair dealing as it is currently available is alternately puzzling and disturbing. particularly in light of the strong support provided to fair dealing by the supreme court of canada .
apart from the broader constituency of canadians as a whole, the academic community is the largest stakeholder in canada which benefits by fair dealing. students, teachers, researchers, and administrators all rely upon this modest measure of unauthorized reproduction. given that the supreme court justices also noted the “relevance of a custom or practice of a particular trade or industry” upon a decision of fair dealing, fair dealing’s legitimacy within academia rests upon academic engagement .
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cch canadian limited is one of the four operating units of wolters kluwer tax & accounting . cch canadian ltd. is a provider of solutions in the area of tax , accounting , law , human resources and financial planning . 
cch canadian limited is one of the four operating units of wolters kluwer tax & accounting. cch canadian ltd. is a provider of solutions in the area of tax, accounting, law, human resources and financial planning.
cch canadian limited is one of the four operating units of wolters kluwer tax & accounting. cch canadian ltd. is a provider of solutions in the area of tax, accounting, law, human resources and financial planning.