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Full-Text Articles in Law
User Rights In Canadian Copyright Law, David Vaver
User Rights In Canadian Copyright Law, David Vaver
Conference Papers
It is very kind of you to invite me to talk about User Rights at the Association’s Copyright Symposium. In ancient times, symposia were occasions to discuss and debate matters of great moment, to the accompaniment of copious food, wine, and revelry. Zoom of course limits the conduct of this symposium but I hope participants will take the ancient precedent to heart at their end of their internet connection. Sometimes a symposium would wait until the hunt for a wild boar was over before starting. I hope that was not the motive behind your organizers hunting me down for this …
Joint Submission Of Ip Scholars, Re. Consultation On A Modern Copyright Framework For Artificial Intelligence And The Internet Of Things, Carys Craig
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Submission To Canadian Government Consultation On A Modern Copyright Framework For Ai And The Internet Of Things, Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys Craig, Michael Geist, João Pedro Quintais
Submission To Canadian Government Consultation On A Modern Copyright Framework For Ai And The Internet Of Things, Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys Craig, Michael Geist, João Pedro Quintais
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Transforming “Total Concept And Feel”: Dialogic Creativity And Copyright’S Substantial Similarity Doctrine, Carys Craig
Transforming “Total Concept And Feel”: Dialogic Creativity And Copyright’S Substantial Similarity Doctrine, Carys Craig
Articles & Book Chapters
Copyright infringement doctrine currently overprotects copyright owners against the perceived wrong of copying, failing to adequately countenance copying as an essential part of the authorial creative process. Drawing on existing infringement doctrine in the United States and Canada, this Article will offer an interpretation of “substantial similarity” that opens up (or at least better safeguards) space for creative copying—that is to say, copying that substantially transforms the original copied work and, in doing so, advances the public interest goals of the copyright system. Part I lays the groundwork by briefly presenting a dialogic vision of authorship that complicates conventional assumptions …
Joint Submission Of Canadian Ip Scholars, Re: Consultation On How To Implement Canada's Cusma Commitment To Extend The General Term Of Copyright Protection, Carys Craig, Ariel Katz
Joint Submission Of Canadian Ip Scholars, Re: Consultation On How To Implement Canada's Cusma Commitment To Extend The General Term Of Copyright Protection, Carys Craig, Ariel Katz
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
The Perplexities Of Patent Prosecution History: Procedure Over Principle?, David Vaver
The Perplexities Of Patent Prosecution History: Procedure Over Principle?, David Vaver
Articles & Book Chapters
What is it about patent legislation? Speaking for the Supreme Court in 1981, Justice Dickson, later Chief Justice, said of the disclosure provision in the Patent Act (now subsection 27(3)) that:
"[i]t gives the impression of a mélange of ideas gathered at random rather than an attempt to enunciate, clearly and concisely, a governing principle or principles. This is perhaps understandable in that the section is the product of amendment over a period of many years. The language simply does not lend itself to a tight, literal interpretation. It is, and should be treated as, a parliamentary pronouncement, in general …
Ai And Copyright, Carys Craig
Ai And Copyright, Carys Craig
All Papers
This chapter examines the most pertinent issues facing copyright law as it encounters increasingly sophisticated artificial intelligence (AI). It begins with a few introductory examples to illuminate the potential interactions of AI and copyright law. Section 1 tackles the question of whether AI-generated works are copyrightable in Canada and who, if anyone, might own that copyright. This involves a doctrinal discussion of “originality” (the threshold for copyrightability) as well as reflections on the meaning of “authorship,” and concludes with the suggestion that autonomously generated AI outputs presently (and rightly) belong in the public domain. Section 2 turns to consider issues …
The Wonderful World Of Patents: "They Do Things Differently There", David Vaver
The Wonderful World Of Patents: "They Do Things Differently There", David Vaver
Editorials and Commentaries
No abstract provided.
The Death Of The Ai Author, Carys Craig, Ian Kerr
The Death Of The Ai Author, Carys Craig, Ian Kerr
Articles & Book Chapters
Much of the recent literature on AI and authorship asks whether an increasing sophistication and independence of generative code should cause us to rethink embedded assumptions about the meaning of authorship. It is often suggested that recognizing the authored — and so copyrightable — nature of AI-generated works may require a less profound doctrinal leap than has historically been assumed. In this essay, we argue that the threshold for authorship does not depend on the evolution or state of the art in AI or robotics. Rather, the very notion of AI-authorship rests on a category mistake: it is an error …