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Originally Posted by Firebot
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The Federal Court acknowledged the CBC’s concerns that using its footage in partisan ads (where the CBC is clearly identified as the source of the footage) could affect the public’s perception of its neutrality as a state broadcaster in the future. Interestingly, the Court speculated that there could be situations in the future where evidence of this sort of reputational harm might weigh in favour of unfairness, but, in this case, the Court found no objective evidence that the CBC’s reputation was adversely affected.
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Yeah, in this case they sided with the fair use, but they also recognized that the concerns of the CBC were valid. Far from calling it "frivolous"
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