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Law Copyright

The Copyright Pentalogy

How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law

edited by Michael Geist

Publisher
University of Ottawa Press
Initial publish date
Apr 2013
Category
Copyright, General, General
  • eBook

    ISBN
    9780776620855
    Publish Date
    Apr 2013
    List Price
    $41.99
  • Paperback / softback

    ISBN
    9780776608013
    Publish Date
    Apr 2013
    List Price
    $55.00

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Description

In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.
- This book is published in English. 

About the author

Michael Geist is a law professor at the University of Ottawa, where he holds the Canada Research Chair of Internet and E-commerce Law. He has obtained a Bachelor of Laws (LL.B.) degree from Osgoode Hall Law School in Toronto, Master of Laws (LL.M.) degrees from Cambridge University in the UK and Columbia Law School in New York, and a Doctorate in Law (J.S.D.) from Columbia Law School.

Dr. Geist has written numerous academic articles and government reports on the Internet and law, is a nationally syndicated columnist on technology law issues for the Toronto Star and Ottawa Citizen, is the editor of Internet and E-commerce Law in Canada and the Canadian Privacy Law Review (Butterworths), and is the author of the textbook Internet Law in Canada (Captus Press), which is now in its third edition. He is the author of the popular BNA's Internet Law News and maintains a popular blog on Internet and intellectual property law issues.

Dr. Geist is actively involved in national Internet policy development and was a member of Canada's National Task Force on Spam. He has received numerous awards for his work, including Canarie's IWAY Public Leadership Award for his contribution to the development of the Internet in Canada, and he was named one of Canada's Top 40 Under 40 in 2003.

Michael Geist's profile page

Awards

  • Long-listed, Eric Hoffer Book Awards
  • Winner, Hill Times Best 100 Books in Politics, Public Policy, History

Other titles by Michael Geist