What’s up with Canadian Copyright? (new edition)

I just gave a lecture about copyright called: What’s up with Canadian Copyright? Click here to download the PowerPoint presentation (or here in PDF format).

It uses the excellent NFB documentary by Brett Gaylor called: RIP! A remix manifesto. See also the movie’s page here.

This is a similar lecture to the one I delivered in February 2013 in prof. Tagny Duff’s Intermedia class at Concordia University’s Scholl of Communication Studies.

It is part of a playlist of videos on YouTube, including one on Creative Commons and the user generated content exception. Here are the 6 videos in a single playlist:


Additional reading materials:

– Read the legislative summary for bill C-11 by the Library of Parliament. (in general, it is a great idea to find these legislative summaries, the Library of the Parliament of Canada usually issues these for most laws).

– The “CCH” supreme court case (on fair dealings): CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13, [2004] 1 SCR 339
Read the first dozen pages for a great introduction to Canadian Copyright. On fair dealings, start with paragraph 48, which reads :

48 Before reviewing the scope of the fair dealing exception under the Copyright Act, it is important to clarify some general considerations about exceptions to copyright infringement. Procedurally, a defendant is required to prove that his or her dealing with a work has been fair; however, 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. As Professor Vaver, supra, has explained, at p. 171: “User rights are not just loopholes. Both owner rights and user rights should therefore be given the fair and balanced reading that befits remedial legislation.”

On the 5 Supreme Court copyright cases delivered during the Summer of 2012, please access the Canadian Legal Information Institute’s website for the free full-text version of these rulings:

2012-07-12 Re:Sound v. Motion Picture Theatre Associations of Canada, 2012 SCC 38, [2012] 2 SCR 376
2012-07-12 Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37, [2012] 2 SCR 345
2012-07-12 Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, 2012 SCC 36, [2012] 2 SCR 326
2012-07-12 Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35, [2012] 2 SCR 283
2012-07-12 Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34, [2012] 2 SCR 231

How to analyse a copyright issue (in French) :

Comment utiliser une oeuvre protégée par le droit d'auteur ?

Comment utiliser une oeuvre protégée par le droit d’auteur ?

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2 comments

  1. Pingback: What’s up with Canadian copyright? | outfind.ca *
  2. Pingback: Culturelibre à l’U Pop le 31 mars prochain « :: CultureLibre.ca ::

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