| Fair dealing in Canada is liberalizing itself. However, it is time to test whether the water is deep enough to incorporate newer changes in the field of music which changes in technology bring in. The endeavor is to take the case of mash-ups and a hypothetical 20-part mash-up artist and examine whether the doctrine of fair dealing is potent enough to apply in his case. I compare and contrast the Feist approach on 'creativity' with the Canadian 'skill and judgment' approach in CCH and infer that the Canadian approach is not too far removed from doing justice to the efforts of a mash-up artist in selecting and arranging pieces of music to bring a coherent whole into existence, by treating borrowed pieces of music as fair dealing. |
