Blog Archives

Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along?

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

Posted in Blog, Copyright, My Research

Access Copyright v. York University: An Anatomy of a Predictable But Avoidable Loss

Two weeks ago, Justice Phelan of the Federal Court handed Access Copyright a huge victory in its lawsuit against York University.[1] I have followed the case closely and read the parties’ submissions and I have been constantly concerned that York

Posted in Blog, Copyright, Copyright Collectives, Stationers

Google v. Equustek: Unnecessarily Hard Cases Make Unnecessarily Bad Law

When lawyers say that hard cases make bad law, they usually mean that extreme or unusual circumstances provide poor basis for making legal rule that would have to be applicable to a wider range of more common cases. Sometimes the

Posted in Blog, Copyright, Patent, Trademarks

Productivity Commission: Tales of the Widespread Demise of Canadian Publishers are Just That

Earlier today, Australia’s Productivity Commission released its long-awaited Inquiry Report on Intellectual Property Arrangements. The Productivity Commission was set up by statute to provide the Australian Government independent research and advisory body on a range of economic, social and environmental

Posted in Blog, Copyright, Copyright Collectives, Stationers

The Copyright Board of Canada: A Regulator Lacking a Theory of Regulation

I appeared today before the Senate Committee on Banking, Trade and Commerce, in the course of its study of the operation and practices of the Copyright Board of Canada. Here is my testimony:

Posted in Antitrust / Competition Law, Blog, Copyright, Copyright Collectives, Stationers
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