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"Copyright law grants exclusive rights for limited terms to the authors of musical, literary, dramatic and artistic works. With the shift towards an information economy and the rapid development of digital technologies, copyright is fast becoming one of the most dynamic, critical and controversial areas of Canadian law and policy. This casebook presents extracts from the leading cases from both Canadian and international jurisprudence to illustrate the legal concepts, doctrinal evolution and current approaches to copyright issues. The revised second edition reflects the important case law and statutory amendments that have taken place over the past five years, including the Supreme Court of Canada's so-called "copyright pentalogy" and the newly enacted Copyright Modernization Act."--pub. desc.
This casebook emphasizes the essential cases and materials at the heart of copyright law. The result is a streamlined and well-organized casebook of manageable length that keeps the central themes of copyright front and center. It also provides access to a companion Web site containing an extensive library of additional modules, topics, edited cases, notes, problems, and audio-visual materials. Together these materials, along with a companion teacher's manual, allow teachers to easily customize the copyright law course to suit their specific goals. The authors have written extensively about copyright, the arts, and the impact of new technology.
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.
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
With the development of digital technology, the laws and legal disputes of copyright and related rights have known a dynamism reflecting this evolution. This publication is an informative collection of legal decisions made by the courts of countries in the Asia and the Pacific region. It provides summaries of a number of salient cases in the field of music, and offers some very interesting insights into the different ways in which copyright and related rights are being handled in various jurisdictions. It aims to be a useful reference for the many professionals who are seeking to navigate the music industry's increasingly complex legal and commercial landscape. This case book was prepared with the assistance of the Funds-in-Trust of the Republic of Korea.
With stimulating questions, comprehensive notes, and teachable cases as its hallmarks, Gorman and Ginsburg's Copyright serves as the authoritative law school casebook for the study of copyright law. The book's many well-chosen recent decisions cover issues such as the Napster case, the MP3.com fair use case, secondary liability, circumvention of technological protections, interpretation of pre-digital licenses, Internet transmission of music, distance education, and international issues. Traditional issues include protection for government-authored and incorporated works, joint ownership and community property, and the duration of copyright and the constitutionality of its extensions. Other topics include the World Trade Organization ruling on the Fairness in Music Licensing Act and developing theories about preemption of state law.
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