Law Commons^™

Copyright In Photographs In Canada Since 2012, Margaret Ann Wilkinson, Carolyn Soltau, Tierney Gb Deluzio

Law Publications

Photographs perform a unique function because they capture moments in time and that capture is contemporaneous with the subject of the photo: “[a] writer doesn’t necessarily have to be there to produce a story. A photographer, on the other hand, must be at the event when the event happens.”

In 2012, the Copyright Modernization Act changed the Copyright Act in terms of application to photographs. This column will first discuss how copyright now applies to photographs in Canada (who owns copyright and how long it lasts) and then describe the new users’ right now available in respect of commissioned photographs.

The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb

Electronic Thesis and Dissertation Repository

This project develops an interpretive account of the single reasonableness standard as it has evolved in the Canadian Supreme Court case law since its introduction in New Brunswick (Board of Management) v. Dunsmuir. My analyses show, contrary to the bulk of the academic commentary, that reasonableness is a clear and coherent standard of review. Specifically I show that in the eyes of the Court, interference owing to unreasonableness is required only when decisions are not justified in the context of the legal framework. Unjustified decisions demand interference because they are arbitrary in the sense that the powers of the …

Re-Imagining The Principle Of National Treatment: Addressing Private International Law Issues In Copyright Infringement In The Internet Era, Ragavi Ramesh

Electronic Thesis and Dissertation Repository

This dissertation examines the principle of National Treatment enshrined in international copyright treaties to address private international law issues in copyright infringement occurring over the Internet. The thesis provides a brief overview of private international law and analyzed the principle of National Treatment as a private international law rule determining jurisdiction and applicable law. The primary case studies in the thesis include an analysis of the rules adopted in copyright disputes by courts in England, France, the United States and Canada in the pre- and post-Internet contexts, as well as a discussion of the European Union as an exception to …

Trusting To A Fault: Criminal Negligence And Faith Healing Deaths, Ken Nickel

Electronic Thesis and Dissertation Repository

Faith healing deaths occur infrequently in Canada, but when they do they pose a considerable challenge for criminal justice. Similar to caregivers who absent-mindedly and fatally forget a child in a hot vehicle, faith healers do not intentionally harm their children. It can seem legally excessive and unjust to prosecute achingly bereaved parents. But unlike ‘hot-car’ deaths, faith healing parents are not absent minded in the deaths they cause. Rather, significant deliberation and strength of will is necessary to treat their child’s ailment with faith alone. Two different Criminal Code provisions can be brought to bear upon these deaths, namely, …

Elusive Peace, Security, And Justice In Post-Conflict Guatemala: An Exploration Of Transitional Justice And The International Commission Against Impunity In Guatemala (Cicig), Daniel W. Schloss

Electronic Thesis and Dissertation Repository

Guatemala has, until today, struggled to achieve security and justice following the end of nearly half a century of civil war in 1996. One specific institution, the International Commission Against Impunity in Guatemala (CICIG), has been implemented to rectify many of the Guatemalan state’s difficulties in establishing and maintaining the rule of law. In this thesis, I look to better explain CICIG’s role in Guatemala relative to security and justice in a post-conflict setting: I define CICIG as an institution potentially capable of building societal trust, and I explain how the inclusion of procedural justice within transitional justice can help …

Managing Change In The Copyright Environment, Margaret Ann Wilkinson, Rob Tiessen

Law Presentations

Copyright holders and their agents intersect with libraries on many levels and in many ways. Many are represented by collective organizations. These organizations can sell individual licenses to uses of their works, or sell blanket licenses to packages of uses, or, indeed, apply to the Canadian Copyright Board to have tariffs imposed upon entire classes of libraries or institutions operating libraries. While the ways in which copyrighted materials are offered to libraries does not lie within a library's control, the response to a given offering does. This presentation will discuss the range of possible reactions to overtures from publishers, collectives …

Copyright Protection Of Photographs Post-2012, Margaret Ann Wilkinson

Law Presentations

No abstract provided.

Copyright Protection Of Photographs Post-2012 (June 2015), Margaret Ann Wilkinson

Law Presentations

No abstract provided.

Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino

FIMS Presentations

In this talk I discuss the results of a survey of Canadian university faculty members undertaken from October to December 2014. The survey sought to determine teaching faculty awareness of copyright law and institutional policy and training, and how they would respond in various scenarios.

Analysis of the results suggests that while faculty members are aware of the existence of their institution's copyright policy, much fewer know whether their institution offers training. Of those who do know about training, only one-third have attended. However, faculty who have attended copyright training find that their knowledge is enhanced by the experience.

It …

Copyright And Control, Margaret Ann Wilkinson

Law Presentations

Canada's Copyright Act has been said to create a balance -- but it is at least a 3-way balance, often difficult to discern in an individual case. Copyright is also fully statutory in Canada but changes as Parliament dictates -- and the latest changes to the Act (including "education" as fair dealing) have yet to be judicially interpreted. Given this environment, can control of the copyright portfolio be achieved in any given context?

Creating Difference: The Legal Production Of Race In American Slavery, Shaun N. Ramdin

Electronic Thesis and Dissertation Repository

This dissertation examines the legal construction and development of racial difference as considered in literature written or set during the final years of American slavery. While there had consistently been a conceptual correspondence between black skin and enslavement, race or racial difference did not become the unqualified explanation of enslavement until fairly late in the institution’s history. Specifically, as slavery’s stability became increasingly threatened through the nineteenth century by abolitionism and racial slippage, race became the singular and explicit rationale for its existence and perpetuation. I argue that the primary discourse of this justificatory rationale was legal: through law race …

Ontario College Of Teachers Cases Of Teacher Sexual Misconduct, Taryn Mototsune

Electronic Thesis and Dissertation Repository

Teacher sexual misconduct in Ontario was examined by using cases reviewed by the Ontario College of Teachers between 2000 and 2013. Despite the impetus by key stakeholders to develop appropriate policies to circumvent teacher-student sexual relationships, this phenomenon is still not well understood. The current study found that around 92 percent of perpetrators are men. The results indicate that male perpetrators who abuse elementary school-aged males are more likely to have multiple victims and longer offending careers. This study found less intrusive sexual behaviour, fewer multiple victim perpetrators, and shorter offending careers in more recent cases. This suggests that the …

Explaining The Establishment Of The Independent Prosecutor Of The International Criminal Court, Laszlo Sarkany

Electronic Thesis and Dissertation Repository

The aim of this dissertation is to discern and explain why states established the International Criminal Court (ICC) with an independent Prosecutor with the aid of theories of international relations. The theories utilized were neorealism, neoliberal institutionalism, historical institutionalism, constructivism and liberal-pluralism. In order to complete the above-stated task, two supplemental questions were asked: first, how may one able to explain policy formulation in regards to the ICC; and second, what accounts for the victory of the supporters. The comparative case study method of the ‘method of agreement’ was employed. Canada and the United Kingdom – from among the supporters …

Canada's Duty To Consult: Communicative Equality And The Norms Of Legal Discourse, Matthew J. Glass

Electronic Thesis and Dissertation Repository

This thesis employs Juergen Habermas’s discourse theory of law to argue that Canada’s duty to consult with indigenous communities is based on extra-legal communicative presumptions that fail to reflect the basic norm of communicative equality. It derives a set of communicative norms from discourse theory, demonstrates their dovetailing with discursive norms found within the intersocietal communicative practices of at least selected indigenous legal orders, such as treaty-making, and argues for normative revisions of the duty to consult appropriate to Canada's intersocietal legal order.

Copyright Update 2015, Margaret Ann Wilkinson

Law Presentations

A review of the current copyright issues and events including but not limited to:
-the situation at the copyright board
-the latest in the courts
-international developments

Margaret Ann Wilkinson, OLA’s copyright expert, will report on key issues and activities that impact services and librarian activities in all sectors.

Fairness As Appropriateness: Some Reflections On Procedural Fairness In Wto Law, Chios Carmody

Law Publications

No abstract provided.

Independence And Wto Law, Chios Carmody

Law Publications

No abstract provided.

Rights, Loss And Compensation In The Law Of Torts, Andrew Botterell

Law Publications

No abstract provided.

Of Banks, Federalism And Clear Statements: Comment On Bank Of Montreal V. Marcotte, Wade Wright

Law Publications

Federalism-based clear statement rules require governments to use clear statutory language when they pursue initiatives with certain implications for the division of powers. This article makes the case for altering the analytical approach in relation to two of the key federalism doctrines (the doctrine of interjurisdictional immunity and the doctrine of federal paramountcy) by adopting a federalism-based clear statement rule. It makes this case in the context of a discussion of the Supreme Court of Canada’s decision in Bank of Montreal v. Marcotte (2014), an important federalism case that rejected the arguments of several banks invoking both doctrines to avoid …

From Law Grad To Better Citizen, David Sandomierski

Law Publications

No abstract provided.

Awareness And Perception Of Copyright Among Teaching Faculty At Canadian Universities, Lisa Di Valentino

FIMS Publications

This article describes the background, methodology, and results of a study undertaken in 2014 to determine university faculty awareness and perceptions of copyright as it affects their teaching. An online survey questionnaire was distributed to teaching faculty across Canada, seeking feedback about the copyright policies and training opportunities at their institutions, where they go for copyright assistance, and how they would respond to various copyright-related scenarios that may arise in the course of teaching.

Most of the respondents are aware of the copyright policies or guidelines at their universities, but much fewer know whether or not their institution offers copyright …