copyright choices and voices

michael geistcanada research chair in internet and e-commerce law

university of ottawa, faculty of law

two copyright stories

good news story

bad news story

both unfinished

good news story

technology

law

technology

content creation

content sharing

books

knowledge sharing

law

scc

theory of copyright

Theberge(2002)

“Excessive control by holders of copyrightsand other forms of intellectual property may

unduly limit the ability of the public domain toincorporate and embellish creative

innovation in the long-term interests ofsociety as a whole, or create practical

obstacles to proper utilization.”

cch(2004)

“the fair dealing exception is perhaps moreproperly understood as an integral part of theCopyright Act than simply a defence. Any act

falling within the fair dealing exception willnot be an infringement of copyright. The fairdealing exception, like other exceptions in

the Copyright Act, is a user’s right. In orderto maintain the proper balance between the

rights of a copyright owner and users’interests, it must not be interpreted

restrictively.”

Robertson(2006)

“The public interest is particularly significantin the context of archived newspapers.

These materials are a primary resource forteachers, students, writers, reporters, and

researchers. It is this interest that hangs inthe balance between the competing rights ofthe two groups of creators in this case, the

authors and the publishers.”

application of copyright

cch(2004)

“The fair dealing exception under s. 29is open to those who can show that

their dealings with a copyrighted workwere for the purpose of research orprivate study. “Research” must be

given a large and liberal interpretationin order to ensure that users’ rights are

not unduly constrained. I agree with theCourt of Appeal that research is notlimited to non-commercial or private

contexts.”

“The amount taken may also be more orless fair depending on the purpose. Forexample, for the purpose of research or

private study, it may be essential tocopy an entire academic article or an

entire judicial decision.”

“Persons or institutions relying on the s.29 fair dealing exception need onlyprove that their own dealings with

copyrighted works were for the purposeof research or private study and were

fair. They may do this either byshowing that their own practices and

policies were research-based and fair,or by showing that all individual

dealings with the materials were in factresearch-based and fair.”

not all the news is good…

bad news story

c-60

librarians into locksmiths

tepid gains on distance ed

wipo

books

canadian dmca

what to do?

positive agenda

ten things

drm, drm, drm

open access

open licensing

flexible fair dealing

use cch

drop the internet exception

national digital library

crown copyright

freeze copyright terms

contractual limits

our choices

choose wisely

the choice has been made

locks over learning

property over privacy

suits over security

enforcement over education

lobbyists over librarians

politics over policy

made in the usaover

canadian made

7

2

500,000

choices

voices

make yours heard