The Supreme Court will announce this Thursday, May 5, 2011 at 9:45 AM whether it will hear an appeal in the CMEC (Province of Alberta et al) K-12 case, which involves the very important issue of whether material prescribed by a teacher or provided in multiple copies can be fair dealing. The CMEC Leave to Appeal application is attached. This is the other side of the coin to the SOCAN previews case, which the Court has already decided to hear but together with two other cases involving the unrelated "communication to the public" issue. In the previews case, the Federal Court of Appeal looked at the "purpose" of the user. In the latter, the Federal Court of Appeal refused to do so. The decisions are only a few weeks apart but emanate from different panels of the Federal Court of Appeal. The results are frankly not readily reconcilable. I'm hoping that the CMEC case gets heard, but the Supreme Court has already decided to hear three other copyright cases this year. That this is certainly stating out as an eventful week. If most of the #elxn41 polls are anywhere near accurate, the NDP is likely to have a much bigger role to play in any successor to Bill C-32. Get ready for more and more debate about #ipodtax. Howard
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