Week 21: Reading Notes

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7 Apr 2011
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Week 21:
Fair Dealing at a Crossroads
Introduction
Copyright: a system of limited rights
Copyrighted material cannot lawfully be used without permission
Intellectual effort is collaborative: each new work draws in artifacts from other
works
oThe means by which this time-honoured process of creativity achieves
legitimacy in the system of copyright is through the limits upon control
as prescribed by law
The relationship between control and creativity
oCommon to the ancient civilizations, with attention upon the Greek,
Chinese and Islamic traditions, there was “a striking absence of any
notion of human ownership of ideas”
oThroughout the 20th c., the means by which creative effort reached
mainstream audiences was inversely linked to copyright protection
oNew media technology thrived in the spaces uncontrolled by copyright
law
There are those who support that stronger copyright protection is necessary
for further creative effort
oCanada risks its creative and innovative potential if the limitations are
diluted
Fair dealing: permit some productive uses of copyrighted work
oThis is essential for copyright to meet its implicit mandate to foster
creativity
oExceptions are the only means by which copyrighted material may be
legitimately utilized, without authorization, during the term of protection
Inclusion of education: some of the existing copying carried out in educational
institutions is legitimate fair dealing and should not be subjected to systems of
permission or payment
Fair dealing is an imprecise doctrine
oIt permits some unauthorized reproduction of copyrighted material for
certain purposes and under certain conditions
oIts lack of explicit instruction
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