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South Africa’s Proposed Copyright Fair Use Right Should Be a Model for the World

Sean Flynn, American University Washington College of Law Michael W. Carroll, American University Washington College of Law Peter Jaszi, American University Washington College of Law Ariel Katz, University of Toronto, Faculty of Law Leandro Mendonça, Universidade Federal Fluminense (UFF), Cultural

Posted in Blog, Copyright

Piracy in Canada: We Don’t Have a Lawlessness Problem But a Competition Problem

The Public Interest Advocacy Centre (PIAC) has requested me to prepare a Report in connection with the application by the FairPlay Coalition to the CRTC and its proposed website-blocking mechanism. PIAC asked me to assess the Applicants’ claims in light

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

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
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