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The Copyright Pentalogy - How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Paperback, New)
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The Copyright Pentalogy - How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Paperback, New)
Series: Law, Technology and Society
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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.
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