Copyright Choices and Voices

copyright choices and voices michael geist canada 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

content creation

content sharing

knowledge sharing

theory of copyright

Theberge (2002)

“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.”

cch (2004)

“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.”

Robertson (2006)

“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.”

application of copyright

cch (2004)

“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.”

“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.”

“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.”

not all the news is good…

bad news story

librarians into locksmiths

tepid gains on distance ed

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 usa over canadian made

500,000

choices

voices

make yours heard

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Copyright Choices and Voices

by mgeist on Nov 27, 2007

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Copyright Choices and Voices — Presentation Transcript