The Copyright Pentalogy

The Copyright Pentalogy

How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law

Edited by: Michael Geist

478 Pages · April 27 2013

Paper ISBN: 9780776608013

PDF ISBN: 9780776620848

ePub ISBN: 9780776620855

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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.
Introduction by Michael Geist

Standard of Review and the Courts
1. Of Reasonableness, Fairness and the Public Interest: Judicial Review of Copyright Board Decisions in Canada’s Copyright Pentalogy – Graham Reynolds
2. Courts and Copyright: Some Thoughts on Standard of Review – Paul Daly
3. The Context of the Supreme Court’s Copyright Cases – Margaret Ann Wilkinson

Fair Dealing
4. Fair Use 2.0: The Rebirth of Fair Dealing in Canada – Ariel Katz
5. Fairness Found: How Canada Quietly Shifted from Fair Dealing to Fair Use – Michael Geist
6. The Arithmetic of Fair Dealing at the Supreme Court of Canada – Giuseppina D’Agostino
7. Fair Dealing Practices in the Post-Secondary Education Sector after the Pentalogy – Samuel E. Trosow
8. Fairness of Use: Different Journeys – Meera Nair

Technological Neutrality
9. Technological Neutrality: (Pre)Serving the Purposes of Copyright Law – Carys J. Craig
10. Technological Neutrality in Canadian Copyright Law – Gregory R. Hagen

Copyright Collective Management
11. Copyright Royalty Stacking – Jeremy de Beer
12. The Internet Taxi: Collective Management of Copyright and the Making Available Right, after the Pentalogy – Daniel Gervais

The Scope of Copyright
13. Righting a Right: Entertainment Software Association v. SOCAN and the Exclusive Rights of Copyright for Works – Elizabeth F. Judge
14. Acknowledging Copyright’s Illegitimate Offspring: User-Generated Content and Canadian Copyright Law – Teresa Scassa


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