From “Radical Extremism” to “Balanced Copyright”

Canadian Copyright and the Digital Agenda

Overview

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.

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Table of Contents

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

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

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

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

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