Breaking News Series: Political Advertising as Fair Dealing in CBC v. Conservative Party of Canada

When: June 1, 2021 at 12:00pm - 12:30pm EDT - This event has passed


On May 13, 2021, the Federal Court of Canada released its decision in Canadian Broadcasting Corporation v. Conservative Party of Canada2021 FC 425. In this closely-watched decision, which pitted Canada’s national broadcaster against one of its major political parties, the Court found that the use of CBC news and commentary footage in political advertisements constituted fair dealing for the purpose of criticism. The decision represents the first time that a Canadian court has considered fair dealing in connection with political advertising. Among other things, it provides important guidance about the scope of allowable “criticism” under the Canadian Copyright Act.

Join our speakers as they provide a breakdown of the CBC decision, discuss its broad importance in the arenas of news, media, academia, politics, and beyond, and consider how it fits with approaches to copyright and political expression in other jurisdictions, including in Peterman v. Republican National Committee, 369 F. Supp 3d 1053 (D. Mont. 2019).



Catherine (Cat) Lovrics is a Partner at Marks & Clerk Canada. Cat’s practice focuses on copyright law, as well as trademark, personality and publicity rights, as well as marketing and advertising, consumer protection and data and privacy laws. She specializes in emergent legal issues related to the internet and digital media, in addition to traditional entertainment and media. Cat helps her clients protect, exploit and enforce their IP, and advises on clearance, rights acquisition and licensing. Her clients range from multinational and Canadian media companies to individual artists. Her experience spans a wide range of sectors, from creative industries to AI & emergent tech to consumables.


Dr. Graham J. Reynolds is an Associate Professor at the Peter A. Allard School of Law at the University of British Columbia. He teaches and researches in the areas of copyright law, intellectual property law, property law, intellectual property and human rights, and technology and access to justice. Graham completed his graduate studies at the University of Oxford, where he studied on a Rhodes Scholarship. Graham is a recipient of several teaching awards, including the Allard School of Law’s annual teaching award. He is a Research Fellow of the Oxford Intellectual Property Research Centre at the University of Oxford. Graham has also been a visiting professor at the University of Bern in Switzerland.



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CLE credit will not be offered for this breaking news update.


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