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Fair Dealing Exception and Due Diligence

In a case from the Small Claims Division of the Court of QC, it turns out that the fair dealing exception does not always cover usage of intellectual property in news reporting - at least, not in all circumstances. In Saad c Le Journal de Montréal, 2017 QCCQ 122, the Journal de Montréal was found not to have exercised due diligence and to have infringed a photographer's rights for use of 2 photographs without permission or crediting.

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