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Moving Past Michelin: Towards Judicial Reconsideration Of The Intersection Of Copyright And The Charter Right To Freedom Of Expression, Graham Reynolds
Moving Past Michelin: Towards Judicial Reconsideration Of The Intersection Of Copyright And The Charter Right To Freedom Of Expression, Graham Reynolds
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On a regular basis over the past two decades, Canadian courts considering the intersection of the Charter right to freedom of expression and copyright have cited to Michelin v. CAW-Canada as authority. In this paper, I argue that it is no longer acceptable for them to do so. As I will establish, the approaches to the intersection of freedom of expression and copyright employed in Michelin rely upon and have been shaped by conceptions of copyright and freedom of expression that although once endorsed by the Supreme Court of Canada, are no longer valid, namely the author-centric view of copyright …
Property In The City: Special Edition Introduction, Douglas C. Harris, Graham Reynolds
Property In The City: Special Edition Introduction, Douglas C. Harris, Graham Reynolds
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Cities concern themselves with the organization of space. Their principal work involves the mapping, zoning, regulating, taxing, developing, owning, protecting, patrolling, and servicing of land. As a result, cities exert considerable control over the rights of use that property owners enjoy, but they also make many uses possible through the building of infrastructure and the provision of services. However, the effects are not unidirectional; the institution of property is not simply inert clay in the hands of a city. Cities govern the actions of owners and, by extension, shape the institution of property, but this multidimensional institution is, in turn, …