SCC finds no infringement of legal publishers' copyright

The Supreme Court of Canada has held that the Law Society of Upper Canada's Great Library did not infringe the copyright of law publishers by making single photocopies of legal material, including copies of case reports and excerpts from legal texts, for lawyers doing legal research or in providing self-service photocopiers for use in the library.

Noting that section 29 of the Copyright Act allows for "fair dealing" in copyrighted material for the purpose of research or private study, the Court reviewed the factors in assessing fair dealing and gave a liberal interpretation to "research." The Court found that research is not limited to non-commercial or private contexts but rather encompasses legal research by a lawyer in the practice of law: see CCH Canadian Ltd. v. Law Society of Upper Canada 2004 SCC 13.