Copyright Choices and Voices

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Michael Geist's keynote address on forthcoming Canadian copyright reform to the Canadian Federation of Students Annual Meeting in Gatineau, Quebec in November 2007.

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Copyright Choices and Voices

  1. 1. copyright choices and voices michael geist canada research chair in internet and e-commerce law university of ottawa, faculty of law
  2. 2. two copyright stories
  3. 3. good news story
  4. 4. bad news story
  5. 5. both unfinished
  6. 6. good news story
  7. 7. technology
  8. 8. law
  9. 9. technology
  10. 10. content creation
  11. 11. content sharing
  12. 12. books
  13. 13. knowledge sharing
  14. 14. law
  15. 15. scc
  16. 16. theory of copyright
  17. 17. Theberge (2002)
  18. 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. 19. cch (2004)
  20. 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. 21. Robertson (2006)
  22. 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. 23. application of copyright
  24. 24. cch (2004)
  25. 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. 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. 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. 28. not all the news is good…
  29. 29. bad news story
  30. 30. c-60
  31. 31. librarians into locksmiths
  32. 32. tepid gains on distance ed
  33. 33. wipo
  34. 34. books
  35. 35. canadian dmca
  36. 36. what to do?
  37. 37. positive agenda
  38. 38. ten things
  39. 39. drm, drm, drm
  40. 40. open access
  41. 41. open licensing
  42. 42. flexible fair dealing
  43. 43. use cch
  44. 44. drop the internet exception
  45. 45. national digital library
  46. 46. crown copyright
  47. 47. freeze copyright terms
  48. 48. contractual limits
  49. 49. our choices
  50. 50. choose wisely
  51. 51. the choice has been made
  52. 52. locks over learning
  53. 53. property over privacy
  54. 54. suits over security
  55. 55. enforcement over education
  56. 56. lobbyists over librarians
  57. 57. politics over policy
  58. 58. made in the usa over canadian made
  59. 59. 7
  60. 60. 2
  61. 61. 500,000
  62. 62. choices
  63. 63. voices
  64. 64. make yours heard

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