Copyright Choices and Voices

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    Copyright Choices and Voices - Presentation Transcript

    1. copyright choices and voices michael geist canada research chair in internet and e-commerce law university of ottawa, faculty of law
    2. two copyright stories
    3. good news story
    4. bad news story
    5. both unfinished
    6. good news story
    7. technology
    8. law
    9. technology
    10. content creation
    11. content sharing
    12. books
    13. knowledge sharing
    14. law
    15. scc
    16. theory of copyright
    17. Theberge (2002)
    18. “Excessive control by holders of copyrights and other forms of intellectual property may unduly limit the ability of the public domain to incorporate and embellish creative innovation in the long-term interests of society as a whole, or create practical obstacles to proper utilization.”
    19. cch (2004)
    20. “the fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act than simply a defence. Any act falling within the fair dealing exception will not be an infringement of copyright. The fair dealing exception, like other exceptions in the Copyright Act, is a user’s right. In order to maintain the proper balance between the rights of a copyright owner and users’ interests, it must not be interpreted restrictively.”
    21. Robertson (2006)
    22. “The public interest is particularly significant in the context of archived newspapers. These materials are a primary resource for teachers, students, writers, reporters, and researchers. It is this interest that hangs in the balance between the competing rights of the two groups of creators in this case, the authors and the publishers.”
    23. application of copyright
    24. cch (2004)
    25. “The fair dealing exception under s. 29 is open to those who can show that their dealings with a copyrighted work were for the purpose of research or private study. “Research” must be given a large and liberal interpretation in order to ensure that users’ rights are not unduly constrained. I agree with the Court of Appeal that research is not limited to non-commercial or private contexts.”
    26. “The amount taken may also be more or less fair depending on the purpose. For example, for the purpose of research or private study, it may be essential to copy an entire academic article or an entire judicial decision.”
    27. “Persons or institutions relying on the s. 29 fair dealing exception need only prove that their own dealings with copyrighted works were for the purpose of research or private study and were fair. They may do this either by showing that their own practices and policies were research-based and fair, or by showing that all individual dealings with the materials were in fact research-based and fair.”
    28. not all the news is good…
    29. bad news story
    30. c-60
    31. librarians into locksmiths
    32. tepid gains on distance ed
    33. wipo
    34. books
    35. canadian dmca
    36. what to do?
    37. positive agenda
    38. ten things
    39. drm, drm, drm
    40. open access
    41. open licensing
    42. flexible fair dealing
    43. use cch
    44. drop the internet exception
    45. national digital library
    46. crown copyright
    47. freeze copyright terms
    48. contractual limits
    49. our choices
    50. choose wisely
    51. the choice has been made
    52. locks over learning
    53. property over privacy
    54. suits over security
    55. enforcement over education
    56. lobbyists over librarians
    57. politics over policy
    58. made in the usa over canadian made
    59. 7
    60. 2
    61. 500,000
    62. choices
    63. voices
    64. make yours heard

    + mgeistmgeist, 2 years ago

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