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News aggregators: 'Fair dealing' exception doesn't apply to headlines and leads

Friday, September 29, 2017 @ 8:37 AM | By Jean-François De Rico and Pascal Archambault

In a recent case (Cedrom-SNI inc. v. Dose Pro inc.), the Quebec Superior Court issued an interlocutory injunction prohibiting a news aggregation service from reproducing the titles and lead paragraphs of news articles published by three Quebec newspapers: La Presse, Le Devoir and Le Soleil (the newspapers).

In short, the court found that such are a “substantial part” of a news article and that the “fair dealing” exceptions provided for in the Copyright Act (the act) — including the one for “news reporting” — did not apply.

We summarize...