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Media Advisory: Fasken Martineau Partner available to comment on Supreme Court case involving the Copyright Act and "fair dealing" for schools

December 7, 2011


Ottawa (Canada) – Fasken Martineau, a leading international business law and litigation firm, announced today that it is taking part in four of the five copyright law cases being argued before the Supreme Court of Canada in the next two days.

It is highly unusual for one law firm to represent parties on so many Supreme Court cases involving the same subject matter. But it is understandable in this case given the depth of the firm's expertise in copyright matters.

One of the cases relates to the "fair dealing" issue triggered by the proposed amendments to the Copyright Act and the implications for Canadian elementary and secondary schools. With the exception of Québec, schools across Canada would be required to pay an annual tariff for the right to photocopy portions of copyright protected published works distributed to their students. That would represent a significant added cost for already cash-strapped school boards.

The Federal Court of Appeal's interpretation of "fair dealing" as defined under Canada's Copyright Act has come under criticism. That has resulted in a legal challenge that has progressed to the Supreme Court of Canada, which will hear the matter in the next two days.

Fasken Martineau partner Aidan O'Neill, recognized as one of Canada's leading experts on copyright issues, is acting on this case and is available to put it in perspective and to explain the importance of the incoming Supreme Court decision.

Members of the media who would like to speak with Aidan O'Neill may contact Mathieu Rompré, media relations specialist, at 514 871-4349.

About Fasken Martineau DuMoulin LLP


Fasken Martineau is a leading international business law and litigation firm. With over 675 lawyers, the firm has offices in Vancouver, Calgary, Toronto, Ottawa, Montréal, Québec City, London, Paris and Johannesburg. For additional information, please visit the firm's website at www.fasken.com.