Canadian Broadcasting Corporation

=== Federal elections and copyright claims ===
==== 42nd Canadian Parliament: lawsuit threats ====
During the [[2015 Canadian federal election]] campaign, the CBC issued [[Cease and desist|cease-and-desist]] letters to the [[Broadbent Institute]], the [[Conservative Party of Canada]] (CPC), the [[Liberal Party of Canada]], and the [[New Democratic Party |New Democratic Party of Canada]], accusing them of using [[copyright]]ed footage from CBC news programming in their campaign advertising without permission. The Liberals and NDP complied with the letters, pulling the ads in question, while the Broadbent Institute and the Conservatives persisted. Eventually, however, rather than go to court, the Broadbent Institute and the Conservatives agreed to remove the offending material, and as such, the CBC did not pursue them further for these alleged infractions in 2015.<ref name="Tait-defending-journalism">{{cite web |title=Statement from Catherine Tait: "Why your public broadcaster is defending journalism" |url=https://cbc.radio-canada.ca/en/media-centre/defending-our-journalism |last=Tait |first=Catherine |publisher=CBC/Radio-Canada |date=October 16, 2019 |access-date=January 3, 2020 |archive-date=December 31, 2019 |archive-url=https://web.archive.org/web/20191231070442/https://cbc.radio-canada.ca/en/media-centre/defending-our-journalism |url-status=live }}</ref>

==== 43rd Canadian Parliament: trial of suit ====
<!-- The events during 2015 Canadian federal election lay context for the events of the 2019 Canadian federal election. Without mention of such events, a reader may misinterpret the CBC to have sought legal action against the CPC abruptly and without warning in 2019. It can also be noted that the CPC ignored repeated warnings to pull CBC material in 2019 over the course of several days prior to the 2019 lawsuit being launched. -->
In October 2019, two weeks before the [[2019 Canadian federal election]], the CBC sued the CPC for using excerpts from its leaders' debates in campaign material. The CBC petitioned for an [[injunction]] against the CPC continuing to use the excerpts as well as seeking an acknowledgement from the CPC and its executive director, [[Dustin Van Vugt]], that the party had "engaged in the unauthorized use of copyright-protected material". Furthermore, the CBC indicated that the clips in question were "taken out of context and are edited and relied on to make partisan points for the benefit" of the CPC.<ref name="CBC-v-CPC">{{cite web|title=CBC taking Conservative Party to court over online election ad|url=https://www.cbc.ca/news/cbc-conservative-party-lawsuit-1.5319209|publisher=Canadian Broadcasting Corporation|date=October 12, 2019|access-date=January 21, 2020|archive-date=July 6, 2021|archive-url=https://web.archive.org/web/20210706210249/https://www.cbc.ca/news/cbc-conservative-party-lawsuit-1.5319209|url-status=live}}</ref><!-- While a prior quote, pertaining to moral rights of the applicants, Rosemary Barton and John Paul Tasker, may have been true for a few days, the CBC indicated that it was amending its lawsuit in a way such that it was only the CBC that was seeking legal action against the Conservative Party of Canada. As such, this quote does not really continue to apply. In a more extended analysis, this quote might be used, in combination with notation indicating that the CBC was amending its original legal application. In a brief analysis, however, a quote that is still applicable would be more appropriate. (see also statement from Catherine Tait, October 16, 2019.) --> In response, the CPC stated that 17 seconds of footage had been used and the video in question had been removed before the lawsuit was filed, and expressed "grave concern that this decision was made on the eve of an election that CBC is to be covering fairly and objectively".

Intellectual property academic [[Michael Geist]] stated that the use of the footage was likely covered by [[fair dealing]] provisions.<ref name=geist>{{Cite news |url=https://www.theglobeandmail.com/opinion/article-the-cbc-is-lost-in-a-digital-world/ |last=Geist |first=Michael |title=Opinion: CBC's lawsuit against the Conservatives reveals a broadcaster lost in the digital world |date=October 13, 2019 |access-date=January 3, 2020 |archive-date=December 17, 2019 |archive-url=https://web.archive.org/web/20191217100133/https://www.theglobeandmail.com/opinion/article-the-cbc-is-lost-in-a-digital-world/ |url-status=live }}</ref><ref>{{cite news|url=https://nationalpost.com/news/politics/election-2019/cbc-sues-the-conservative-party-over-copyright-journalists-moral-rights|last=Higgins|first=Michael|title=CBC sues the Conservative party over copyright, 'moral rights' of journalists|newspaper=[[National Post]]|date=October 11, 2019|access-date=January 3, 2020|archive-date=July 6, 2021|archive-url=https://web.archive.org/web/20210706210221/https://nationalpost.com/news/politics/election-2019/cbc-sues-the-conservative-party-over-copyright-journalists-moral-rights|url-status=live}}</ref> CBC President and CEO [[Catherine Tait]] contends that she does not believe that the use of journalistic material for partisan ads is covered by the "fair dealing" exemption of the ''[[Copyright Act]]''.<ref name="Tait-defending-journalism"/>

==== Resolution: court allows fair dealing ====
On May 13, 2021, the CPC lawsuit was dismissed in the [[Federal Court of Canada]], with [[Justice Phelan]]'s clarification that the CPC's use was fair and allowable.<ref name="Federal-court-ruling">{{cite web |title=Canadian Broadcasting Corporation v. Conservative Party of Canada |url=https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/496993/index.do |last=Phelan |first=Hon. Mr. Justice |publisher=Federal Court of Canada |date=May 13, 2021 |access-date=September 4, 2021 |ref=2021 FC 425 |archive-date=September 5, 2021 |archive-url=https://web.archive.org/web/20210905002613/https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/496993/index.do |url-status=live }}</ref> The decision made precedent. "Prior to this decision, Canadian jurisprudence held that to meet the requirements of criticism and review, the copyrighted work in use must be critiqued and analyzed. Furthermore, the Court held that for attribution of the source and author, the inclusion of the CBC's logo was sufficient" to meet ''Copyright Act'' requirements.<ref name="bplex">{{cite news |last1=Larose |first1=François |last2=Zener |first2=Naomi |last3=Winegust |first3=Tamara Céline |last4=Audet |first4=William |last5=Aucoin |first5=Adam |last6=Fleming |first6=Mitchel |title=2021 Year in Review: Canadian Copyright |url=https://www.lexology.com/library/detail.aspx?g=9e206ea6-dab5-475f-ad8a-e8562f0f5ad7 |agency=Lexology |publisher=Law Business Research |date=February 11, 2022 |access-date=March 19, 2022 |archive-date=March 19, 2022 |archive-url=https://web.archive.org/web/20220319182150/https://www.lexology.com/library/detail.aspx?g=9e206ea6-dab5-475f-ad8a-e8562f0f5ad7 |url-status=live }}</ref>