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A Modern Copyright Framework For Artificial Intelligence: Ip Scholars' Joint Submission To The Canadian Government Consultation, Pascale Chapdelaine, Carys J. Craig, Bita Amani, Sara Bannerman, Céline Castets-Renard, Lucie Guibault, Gregory R. Hagen, Cameron J. Hutchison, Ariel Katz, Alexandra Mogyoros, Graham J. Reynolds, Anthony D. Rosborough, Teresa Scassa, Myra Tawfik
A Modern Copyright Framework For Artificial Intelligence: Ip Scholars' Joint Submission To The Canadian Government Consultation, Pascale Chapdelaine, Carys J. Craig, Bita Amani, Sara Bannerman, Céline Castets-Renard, Lucie Guibault, Gregory R. Hagen, Cameron J. Hutchison, Ariel Katz, Alexandra Mogyoros, Graham J. Reynolds, Anthony D. Rosborough, Teresa Scassa, Myra Tawfik
Law Publications
In response to the Canadian government consultation process on the modernization of the copyright framework launched in the summer 2021, we hereby present our analysis and recommendations concerning the interaction between copyright and artificial intelligence (AI). The recommendations herein reflect the shared opinion of the intellectual property scholars who are signatories to this brief. They are informed by many combined decades of study, teaching, and practice in Canadian and international intellectual property law.
In what follows, we explain:
- The importance of approaching the questions raised in the consultation with a firm commitment to maintaining the appropriate balance of rights …
Fair Dealing For The Purpose Of Education: York University V The Canadian Copyright Licensing Agency, Pascale Chapdelaine
Fair Dealing For The Purpose Of Education: York University V The Canadian Copyright Licensing Agency, Pascale Chapdelaine
Law Publications
In York University v The Canadian Copyright Licensing Agency (2020), the Federal Court of Appeal was confronted with two issues at the heart of ongoing debates in Canadian copyright law. First, whether tariffs of copyright collective societies are mandatory. Second, and the main focus of this case comment, how should the fair dealing doctrine be interpreted with respect to the purpose of education. The Federal Court of Appeal upheld the Federal Court decision that York University Fair dealing Guidelines did not meet the fair dealing requirements in copyright law. This case comment highlights how the Federal Court and Federal Court …
A Modern Copyright Framework For The Internet Of Things (Iot): Intellectual Property Scholars' Joint Submission To The Canadian Government Consultation, Pascale Chapdelaine, Anthony D. Rosborough, Aaron Perzanowski, Bita Amani, Sara Bannerman, Carys J. Craig, Lucie Guibault, Cameron J. Hutchison, Ariel Katz, Alexandra Mogyoros, Graham J. Reynolds, Teresa Scassa, Myra Tawfik
A Modern Copyright Framework For The Internet Of Things (Iot): Intellectual Property Scholars' Joint Submission To The Canadian Government Consultation, Pascale Chapdelaine, Anthony D. Rosborough, Aaron Perzanowski, Bita Amani, Sara Bannerman, Carys J. Craig, Lucie Guibault, Cameron J. Hutchison, Ariel Katz, Alexandra Mogyoros, Graham J. Reynolds, Teresa Scassa, Myra Tawfik
Law Publications
In response to the Canadian government consultation process on the modernization of the copyright framework launched in the summer 2021, we hereby present our analysis and recommendations concerning the interaction between copyright and the Internet of Things (IoT). The recommendations herein reflect the shared opinion of the intellectual property scholars who are signatories to this brief. They are informed by many combined decades of study, teaching, and practice in Canadian, US, and international intellectual property law.
In what follows, we explain:
•The importance of approaching the questions raised in the consultation with a firm commitment to maintaining the appropriate balance …
Graffiti, Street Art, Walls, And The Public In Canadian Copyright Law, Pascale Chapdelaine
Graffiti, Street Art, Walls, And The Public In Canadian Copyright Law, Pascale Chapdelaine
Law Publications
Graffiti is vilified, and at the same time is increasingly revered and celebrated. This ambivalence is reflected in the general legal landscape that surrounds graffiti and other forms of street art at the criminal, civil and municipal levels. Within this general legal framework, the application of copyright law to graffiti and street art reveals a complex web of interwoven issues about the protection of the graffiti artist’s economic and moral rights and questions of illegality and public policy, and about the rights of the property owner of the “wall” on which the art resides, and the public. This book chapter …
Copyright User Rights And Access To Justice (Introduction), Pascale Chapdelaine
Copyright User Rights And Access To Justice (Introduction), Pascale Chapdelaine
Law Publications
This is an introduction to selected articles published in vol. 35 of The Windsor Yearbook of Access to Justice (2018) further to the Symposium: "Copyright User Rights and Access to Justice" hosted by Windsor Law on May 18-19 2017. It gives a brief overview of the concept of copyright user rights and access to justice, as well as of the main themes discussed in the articles and at the Symposium, including access to knowledge and human rights.
From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni
From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni
Law Publications
Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.
Legal Protocols And Practices For Managing Copyright In Electronic Theses, Mark Perry, Paula Callan
Legal Protocols And Practices For Managing Copyright In Electronic Theses, Mark Perry, Paula Callan
Law Publications
At Queensland University of Technology (QUT) in Brisbane Australia, PhD and Masters by Research candidates are required to deposit both print and digital copies of their theses and dissertations. The fulltext of these digital theses is then made freely available online via the Australian Digital Thesis (ADT) collection. Management of copyright issues has been a major headache and workload problem for the Library: there are many parties involved in the deposit process, and the lack of a common understanding about the rights and responsibilities of the various stakeholders has made the process very complex and time consuming. The response of …
National Treatment, National Interest And The Public Domain, Margaret Ann Wilkinson
National Treatment, National Interest And The Public Domain, Margaret Ann Wilkinson
Law Publications
The concept of the "public domain" is a powerful rhetorical element in he policy debates involving intellectual property. But is it a stable and useful concept for analyzing information issues? Can the notion of the public domain and the concept of the information commons be separated? Is the notion of the public domain merely another way of expressing the public interest?
This paper canvassed the literature, seeking a theoretically consistent definition for public domain that was equally applicable across the copyright, trademark and patent spheres. The analysis demonstrated that there is no such construct.
The paper also reviews the findings …