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