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From "Radical Extremism" to "Balanced Copyright"

From "Radical Extremism" to "Balanced Copyright"

Canadian Copyright and the Digital Agenda

Edited by Michael Geist

CONTENTS

Copyright has long been viewed as one of the government’s most difficult policy issues. It attracts passionate views from a wide range of stakeholders, including creators, consumers, businesses, and educators and it is the source of significant political pressure from the United States. The latest chapter in the Canadian copyright saga unfolded in June 2010 as Industry Minister Tony Clement and Canadian Heritage James Moore tabled Bill C-32, copyright reform legislation billed as providing both balance and a much-needed modernization of the law. The introduction marked the culmination of months of public discussion and internal government debate.

This book represents an effort by some of Canada’s leading copyright experts to shift away from the sloganeering that has marked the debate to date by moving toward an informed analysis of Bill C-32 and the future development of Canadian copyright law. Edited by Professor Michael Geist, an internationally regarded authority on Internet and technology law, it responds to the need for non-partisan, informed analysis of Bill C-32. An exceptional group of Canadian scholars from coast-to-coast have come together to assess Canada’s plans for copyright reform and the digital agenda in this timely volume that features context for the reforms, analysis of its impact on technology, business, education, and creators, as well as a look ahead to future copyright and digital issues.


CONTENTS

Introduction
Michael Geist

Context

Copyright: Characteristics of Canadian Reform
Sara Bannerman
North American Digital Copyright, Regional Governance, and the Potential for Variation
Blayne Haggart
History in the Balance: Copyright and Access to Knowledge
Myra Tawfik
Fair Dealing at a Crossroads
Meera Nair
The Art of Selling Chocolate: Remarks on Copyright’s Domain
Abraham Drassinower
Réforme du droit d’auteur et interprétation judiciaire
Mistrale Goudreau

Technology

Locking Out Lawful Users: Fair Dealing and Anti-Circumvention in Bill C-32
Carys Craig
The Case for Flexibility in Implementing the WIPO Internet Treaties: An Examination of the Anti-Circumvention Requirements
Michael Geist
Digital Locks and the Automation of Virtue
Ian Kerr
The Protection of Rights Management Information: Modernization or Cup Half Full?
Mark Perry
How Virtue Ethics Might Help Erase C-32’s Conceptual Incoherence
David Lametti
"Modernizing" ISP Copyright Liabilit,
Gregory R Hagen

Creativity

Towards a Right to Engage in the Fair Transformative Use of Copyright Protected Expression,
Graham Reynolds
An “Independent” View of Bill C-32’s Copyright Reform
Tina Piper
User-Generated Content and Music File-Sharing: A Look at Some of the More Interesting Aspects of Bill C-32
Daniel Gervais
Culture Matters: Why Canada’s Proposed Amendments to its Copyright Law Should Revisit Moral Rights
Mira T Sundara Rajan

Education

Copyright, Collectives, and Contracts: New Math for Educational Institutions and Libraries
Margaret Ann Wilkinson
Bill C-32 and the Educational Sector: Overcoming Impediments to Fair Dealin,
Samuel E Trosow

Access

Copyright Reform and Fact-Based Works
Teresa Scassa
Enabling Access and Reuse of Public Sector Information in Canada: Crown Commons Licenses, Copyright, and Public Sector Information
Elizabeth F Judge
About the Contributors
   

Published 25 October 2010
Publisher Irwin Law (Canada)
Paperback/652pp
ISBN 9781552212042
Australian RRP $85.00
International Price $80.00
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Law - Canadian Law
Law - Intellectual Property


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