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Canadian Intellectual Property Review

The User-Generated Content Exception: Moving Away from a Non-Commercial Requirement

Issue: Volume 32
Author(s): Mariam Awan

Abstract:

The non-commercial user-generated content (UGC) exception to copyright infringement in section 29 .21 of the Canadian Copyright Act allows individuals to use copyright-protected works to create new content for non-commercial purposes . One major flaw in this exception is that it conflates non-commercial use with amateur creation . The distinction between amateur non-commercial use and professional commercial use is arbitrary and cannot sustain itself in modern technological practices . This article argues that the proper focus of the UGC exception should be on the level of originality of the UGC and its effect on the source material as opposed to its non-commercial or amateur nature .

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Volume 32

Volume 32 – Full Issue 0	$75.00 + tax
The User-Generated Content Exception: Moving Away from a Non-Commercial Requirement 0	$4.99 + tax
What Qualifies as Joint Authorship of Software? 0	$4.99 + tax
Le 50e anniversaire du régime allemand de copie privée : Les difficultés des exceptions rémunérée 0	$4.99 + tax
Plant Breeders’ Rights in Canada 0	$4.99 + tax
Haunted by the Spirit of the Invention: Recent Examination Guidelines from the Canadian Intellectual Property Office for Medical Diagnostics Channel the Spectre of Contribution Analysis 0	$4.99 + tax
Utility: Unravelling the Real Differences with Our Closest Trading Partner 0	$4.99 + tax
Process for Choosing and Vetting an Expert Witness in Patent Cases 0	$3.99 + tax
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