I am very excited to announce that my new essay “The Chicago School and the Forgotten Political Dimension of Antitrust Law” has been published in the University of Chicago Law Review. Here’s the abstract:
It is Fair Dealing Week and I’m happy to share a draft of my new forthcoming chapter “Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?“. Here’s the abstract: According to conventional wisdom, a fundamental difference exists between the American fair use doctrine and the Canadian (or Commonwealth) fair dealing doctrine: while American fair use can apply potentially to any purpose, Canadian fair dealing could only apply to those purposes enumerated in the statute. Accordingly, fair dealing cannot apply to dealings for other purposes even if they would otherwise be fair. This conventional wisdom …
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My book chapter Digital Exhaustion: North American Observations has been published in the Research Handbook on Electronic Commerce Law, edited by John A. Rothchild.
The Competition Bureau announced today that it has signed a consent decree with the four major book publishers, which is expected to lower the price of ebooks in Canada. According to the Bureau’s media release, the agreement between the Bureau and Hachette Book Group, HarperCollins, Macmillan, and Simon & Schuster follows an 18-month investigation into the ebook industry in Canada.
Conventional wisdom holds that the European Union has opted to apply its competition law to the exercise of intellectual property rights to a much greater extent than has the United States. In a new article, published in Vol. 79(1) of the Antitrust Law Journal, Paul-Erik Veel and I argue that, at least in the context of copyright protection, this conventional wisdom is false.