[Smt-talk] MIDI Files and Copyright

[JAY RAHN]

Concerning the short excerpts question, Canadian case law now seems to differ from American. A Canadian Federal Court of Appeal ruling has just been released (May 25) which upholds the Canadian Copyright Board's previous decision that, for example, 30-second previews of recordings are instances of 'fair dealing': 

http://www.cb-cda.gc.ca/decisions/2007/20071018-m-e.pdf

The Canadian decision focused on a prospective purchaser's 'research,'
 though 'criticism/review' would also appear to be involved in comparing
 an analysis of an excerpt with a sonic realization of the excerpt.

Accordingly, Prof. Kostka's brief MIDI/WAV illustrations would seem to be OK in Canada. 

Jay Rahn, York University (Toronto) 


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