Companies who allowed their subscribers to preview musical works via online streaming before making a purchase were found to not have infringed the copyright in those works. The Court held that these previews constitute fair dealing because 1) their purpose constitutes “research” under section 29 of the Copyright Act (e.g., research by consumers) and 2) their use is fair according to the six factors laid out in CCH Canadian v LSUC (see below).
Topic, claim, or defense
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
Type of law
General effect on immunity