Judge Rules Government Department’s Use of Shared Password to Access Articles Falls Within Fair Dealing Exception

A recent ruling by a Federal Court judge declared that sharing passwords among government department employees to access Blacklock’s Reporter articles does not violate Canada’s Copyright Act.

The case arose from Parks Canada employees sharing a password to view articles from the Ottawa-based subscription news organization.

According to court documents, a Parks Canada manager purchased a subscription to Blacklock’s Reporter and shared the password with a limited number of employees for accessing articles related to Parks Canada.

According to the court decision issued on May 31, the manager paid for the subscription using a Parks Canada Agency credit card and address. Blacklock’s Reporter brought the case to court, alleging a violation of copyright laws.

Justice Roy argued that the subscriber did not have reason to believe that sharing articles with those affected would breach copyright law, especially since the terms and conditions were not easily accessible on the publication’s website.

He stated, “Parks Canada’s interest in articles published by BR was limited to those involving the Agency, and sharing was restricted to personnel who could contribute to a response or further communication if necessary.”

Shareholders of Blacklock’s Reporter claim that accessing content without a subscription amounts to theft, emphasizing the importance of protecting publishers’ rights.

In a statement, they expressed concern over governmental intervention favoring paid media while independent publishers face challenges.