Law Commons^™

The 14th Annual Sir Hugh Laddie Lecture - Mr. Justice Laddie And His Intellectual Property Cases: Of Millefeuilles And A Fish Called Elvis, David Vaver

Articles & Book Chapters

For me, it was a trip through the judgments of a master craftsman who could succinctly summarize the dispute before him; weigh the conflicting evidence; say what rang true and what did not; state the applicable law, often from first principles set in their historical and policy context; and end by saying who won and lost and what to do. Copyright law might be "over-strong", as he suggested in a 1996 lecture;14 but when he had to decide whether a TV documentary critical of cheque-book journalism could freely use another channel's footage to make its point, Laddie J. said his …

The Relational Robot: A Normative Lens For Ai Legal Neutrality — Commentary On Ryan Abbott, The Reasonable Robot, Carys Craig

Articles & Book Chapters

Artificial Intelligence (AI), we are told, is poised to disrupt almost every facet of our lives and society. From industrial labor markets to daily commutes, and from policing tactics to personal assistants, AI brings with it the usual promise and perils of change. How that change will unfold, however, and whether it will ultimately bestow upon us more benefits than harms, remains to be determined. A significant factor in setting the course for AI’s inevitable integration into society will be the legal framework within which it is developed and operationalized. Who will AI displace? What will it replace? What improvements …

Submission Of The Citizens And Technology (Cat) Lab To The United States Copyright Office, U.S .Library Of Congress, Washington, D.C., Re Notice Of Inquiry Technical Measures Public Consultations [ Docket No. 2021–10 ][ Federal Reg. No: 2021-27705 ], J. Nathan Matias, Jonathon W. Penney, Lucas Wright

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Donald C. Brace Memorial Lecture 2021 - User Rights: Fair Use And Beyond, David Vaver

Conference Papers

My title “User Rights: Fair Use and Beyond” is meant to suggest four related phenomena:

First, that user rights may extend beyond fair dealing — Canada’s version of fair use — and that they may encompass any statutory or other defence.

Second, that they may extend beyond defences and have substantive effect.

Third, that the concept may extend beyond copyright and be applied to other IP rights.

Fourth, that such user rights may extend beyond Canada geographically.

Copyright Ownership Of Movies And Films In Canada: Who's On First?, David Vaver

Editorials and Commentaries

No abstract provided.

“Inducing” Copyright Infringement In Canada: Is It A Thing?, David Vaver

Editorials and Commentaries

Is there such a thing as “inducing” copyright infringement? There isn’t in the United Kingdom, but the Federal Court in Bell Canada v L3D Distributing Inc (INL3D) 2021 FC 832 (“L3D Distributing”) thought there was in Canada and the defendants had done it. Indeed, the court thought that inducing infringement, which to date had been considered wrong only in respect of patents, applied to all forms of intellectual property (“IP”).

The Ai-Copyright Challenge: Tech-Neutrality, Authorship, And The Public Interest, Carys Craig

All Papers

Many of copyright’s core concepts—from authorship and ownership to infringement and fair use—are being challenged by the rapid rise of generative AI. Whether in service of creativity or capital, however, copyright law is perfectly capable of absorbing this latest innovation. More interesting than the doctrinal debates that AI provokes, then, is the opportunity it presents to revisit the purposes of the copyright system in the age of AI. After introducing the AI-copyright challenge in Part 1, Part 2 considers the guiding principles and normative objectives that underlie—and so ought to inform—copyright law and its response to AI technologies. It proposes …