copyright choices and voices
DESCRIPTION
Michael Geist's keynote address on forthcoming Canadian copyright reform to the Canadian Federation of Students Annual Meeting in Gatineau, Quebec in November 2007.TRANSCRIPT
copyright choices and voices
michael geistcanada 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
law
technology
content creation
content sharing
books
knowledge sharing
law
scc
theory of copyright
Theberge(2002)
“Excessive control by holders of copyrightsand other forms of intellectual property may
unduly limit the ability of the public domain toincorporate and embellish creative
innovation in the long-term interests ofsociety as a whole, or create practical
obstacles to proper utilization.”
cch(2004)
“the fair dealing exception is perhaps moreproperly understood as an integral part of theCopyright Act than simply a defence. Any act
falling within the fair dealing exception willnot be an infringement of copyright. The fairdealing exception, like other exceptions in
the Copyright Act, is a user’s right. In orderto 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 significantin the context of archived newspapers.
These materials are a primary resource forteachers, students, writers, reporters, and
researchers. It is this interest that hangs inthe balance between the competing rights ofthe two groups of creators in this case, the
authors and the publishers.”
application of copyright
cch(2004)
“The fair dealing exception under s. 29is open to those who can show that
their dealings with a copyrighted workwere for the purpose of research orprivate study. “Research” must be
given a large and liberal interpretationin order to ensure that users’ rights are
not unduly constrained. I agree with theCourt of Appeal that research is notlimited to non-commercial or private
contexts.”
“The amount taken may also be more orless fair depending on the purpose. Forexample, for the purpose of research or
private study, it may be essential tocopy an entire academic article or an
entire judicial decision.”
“Persons or institutions relying on the s.29 fair dealing exception need onlyprove that their own dealings with
copyrighted works were for the purposeof research or private study and were
fair. They may do this either byshowing that their own practices and
policies were research-based and fair,or by showing that all individual
dealings with the materials were in factresearch-based and fair.”
not all the news is good…
bad news story
c-60
librarians into locksmiths
tepid gains on distance ed
wipo
books
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 usaover
canadian made
7
2
500,000
choices
voices
make yours heard