Sookman osgoode technology_focus_internet_and_it.ppt

1
McCarthy Tétrault Advance™Building Capabilities for Growth
Osgoode: Intellectual Property Law & Technology Program
Technology Focus: Internet and IT
Barry B. Sookmanbsookman@mccarthy.ca416-601-7949
September 6, 2011
1
10696725

2
Key Challenges
The House of Commons Sub-Committee on the Revision of Copyright (A Charter of Rights for Creators, October, 1985)
“computer age has placed copyright principles themselves in a radically new environment with unpredictable consequences.”
Supporting Culture and Innovation: Report on the Provisions and Operation of the Copyright Act (October 2002)
“Today more than ever, copyright policy and law are being challenged by new and rapidly involving technologies, global competition, and the growing importance of knowledge as a factor in economic success and cultural developments.”
2

3
Key Challenges
Computer Associates International Inc. v. Altai Inc., 23 U.S.P.Q.2d 1241 (2nd Cir. 1992):
“In recent years, the growth of computer science has spawned a number of challenging legal questions, particularly in the field of copyright law. As scientific knowledge advances, courts endeavour to keep pace, and sometimes—as in the area of computer technology—they are required to venture into less than familiar waters.”
“Generally, we think that copyright…—with its indiscriminating availability—is not ideally suited to deal with the highly dynamic technology of computer science. Thus far, many of the decisions in this area reflect the courts' attempt to fit the proverbial square peg in a round hole.”
3

4
Key Challenges
Kirkbi AG v. Ritvik Holdings Inc., [2005] 3 S.C.R. 245. per Lebel J.
“The vast and expanding domain of the law of intellectual property is going through a period of major and rapid changes. The pressures of globalization and technological change challenge its institutions, its classifications and sometimes settled doctrines…”
“Jurisprudence attempts to address — sometimes with difficulty — the consequences of these broad social and economic trends.”
“The economic value of intellectual property rights arouses the imagination and litigiousness of rights holders in their search for continuing protection of what they view as their rightful property. Such a search carries with it the risk of discarding basic and necessary distinctions between different forms of intellectual property and their legal and economic functions.”
4

5
Key Challenges
All concepts are being re-examined in light of technological change
Originality:
user created/computer generated works
Telsra (yellow pages)
machine translations
news aggregators
Subject matter/scope of protection for functional works
APIs/interfaces SAS; Oracle v Google
Exclusive rights
what is a reproduction
buffer copying (Satellite Radio)
browsing (Meltwater)
collective works (Robertson)
5

6
Key Challenges
communication to the public
are downloads of works a “communication” or transmission (Tariff 22; US v ASCAP)
are downloads to “the public” (Tariff 22; Cablevision)
Networked PVRs?
Cloud service offerings?
Authorization
Intermediary liability for customer infringements (Satellite Radio)
ISPs and notice and takedown (Tariff 22)
ISPs and graduated response (iiNet).
6

7
Key Challenges
Jurisdiction
communication to the public (Tariff 22)
reproductions (Satellite Radio)
Google (France –scanning books)
Google (Belgium –Google news)
Moral rights
Google (Belgium –Google news)
user generated content
7

Key Challenges
Fair dealing
what is research (SOCAN Tariff 22)
how to apply the framework (SOCAN Tariff 22/ Access Copyright)
relative importance of factors
What to do about:
personal use exceptions:
format shifting
time shifting
UGC works
TPMs
online file sharing
orphan works
8

9
Some Final Remarks:
Copyright is a crucial instrument in creating incentives for the production and dissemination of works
The copyright landscape is in flux
There is a recognition that copyright needs reform
The copyright landscape will continue to be in flux

http://www.barrysookman.com	1238
http://slate.notes.yorku.ca	7
http://feeds.feedburner.com	4
http://127.0.0.1	1
http://translate.googleusercontent.com	1

Sookman osgoode technology_focus_internet_and_it.ppt

by bsookman on Sep 06, 2011

Accessibility

Categories

Tags

Upload Details

Usage Rights

5 Embeds 1,251

Statistics

Sookman osgoode technology_focus_internet_and_it.ppt — Presentation Transcript