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Interlocutory injunction against and

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We represented the applicants in an application for an interlocutory injunction against and We obtained this injunction ordering two media monitoring websites to stop using or reproducing the copyrighted work belonging to the applicants.
This decision confirms the fact that the lead and the title of an article may be protected by copyright and that their reproduction could be considered as a reproduction of a substantial part of the article. This decision also clarifies what is meant by "use for the purpose of news reporting" under the Copyright Act, and the fact that this exception does not include media monitoring services. Finally, it will now be more difficult to claim fair dealing under the Copyright Act when the use is for purely commercial purposes.
A Fasken team composed of Julie Desrosiers, Chris Semerjian and Patricia Hénault represented the applicants in this injunction.



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