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Articles 1 - 17 of 17
Full-Text Articles in Law
Digital Locks, Real Freedoms: Technological Protection Measures In Bill C-32, Thomas P. Margoni
Digital Locks, Real Freedoms: Technological Protection Measures In Bill C-32, Thomas P. Margoni
Law Presentations
Dr. Thomas Margoni analyzes modifications in Bill C-32 that would most directly affect digital media. Particular attention is given to the implementation of the so-called Technological Protection Measures (TPMs) and Rights Management Information (RMI), and how they will affect fair dealing provisions. He further analyzes whether, beyond the international requirements, Canada (as many other countries) really needs protection for digital locks, which in many cases turns out to be a "private system" of justice. Contract-based alternatives that favour Access to Knowledge (A2K) and wider dissemination of culture (such as Creative Commons and Free/Libre Open Source Software licences) are explored.
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.
Another Look At Bill C-32 And The Access Copyright Tariff: Still Double Trouble For Higher Education, Samuel E. Trosow
Another Look At Bill C-32 And The Access Copyright Tariff: Still Double Trouble For Higher Education, Samuel E. Trosow
FIMS Presentations
Earlier this year, the government tabled Bill C-32, proposed amendments to the Copyright Act. Following a consultation process, the Bill is widely recognized as more reasonable than its predecessor, Bill C-61. On the positive side, the bill would expand fair dealing to explicitly include "education". On the other hand, the digital locks provisions of the Bill are fundamentally flawed and override many existing and proposed users rights. Also this year, Access Copyright filed a proposed tariff for the post-secondary education sector with the Copyright Board. The proposal, which includes a drastic increase in costs as well as numerous new reporting …
What Bill C-32 Misses: Copyright In Academic Life..., Margaret Ann Wilkinson
What Bill C-32 Misses: Copyright In Academic Life..., Margaret Ann Wilkinson
Law Presentations
No abstract provided.
Copyright: Bill C-32 And What Is Not There..., Margaret Ann Wilkinson
Copyright: Bill C-32 And What Is Not There..., Margaret Ann Wilkinson
Law Presentations
No abstract provided.
Copyright: Parliament, The Copyright Board And The Courts..., Margaret Ann Wilkinson
Copyright: Parliament, The Copyright Board And The Courts..., Margaret Ann Wilkinson
Law Presentations
No abstract provided.
The Creation Of University Intellectual Property: Confidential Information, Data Protection, And Research Ethics, Margaret Ann Wilkinson
The Creation Of University Intellectual Property: Confidential Information, Data Protection, And Research Ethics, Margaret Ann Wilkinson
Law Publications
Protection of commercial confidences is both required as part of the intellectual property provisions of current trade agreements and routinely prerequisite for achieving patent protection. This paper discusses the protection of such commercial confidences and the relationship of this protection with the statutory regime in Canada of personal data protection, but does so within the specific context of an examination of these matters in light of the governance of the processes of research conducted in universities. The nexus of university research and commercial research occurs frequently—for example, in the area of the development and testing of drugs in Canada. The …
Confidential Information And Privacy-Related Law In Canada And In International Instruments, Margaret Ann Wilkinson
Confidential Information And Privacy-Related Law In Canada And In International Instruments, Margaret Ann Wilkinson
Law Publications
Canadians like to think their country is law-abiding and honours its international commitments. Is Our House in Order? explores this public perception while considering whether or not it is correct in terms of domestic law.
Examining a range of topics such as treaty implementation, federal-provincial relations, the environment, international humanitarian law, and the protection of confidential information, contributors disentangle the complex processes involved in implementing international law in Canadian law. They highlight how the federal negotiation and ratification process has been opened up to the public, what is being done to give effect to custom in domestic law, and offer …
The International Criminal Court And The Closure Of The Time-Limited International And Hybrid Criminal Tribunals, Valerie Oosterveld
The International Criminal Court And The Closure Of The Time-Limited International And Hybrid Criminal Tribunals, Valerie Oosterveld
Law Publications
No abstract provided.
Canada's Implementation Of The Wto Agreement, Chios Carmody
Canada's Implementation Of The Wto Agreement, Chios Carmody
Law Publications
No abstract provided.
Law And Reform Of The International Economic System, Chios Carmody
Law And Reform Of The International Economic System, Chios Carmody
Law Publications
No abstract provided.
The Duty To Settle In Wto Dispute Settlement, Chios Carmody
The Duty To Settle In Wto Dispute Settlement, Chios Carmody
Law Publications
WTO disputes form an important part of the way we think about WTO law today. Nevertheless, given the fact that virtually all of the disputes must, at some point or other, settle, this article argues that an important — and perhaps even pre-eminent — aspect of WTO law is the law of settlement. There is an actual duty on parties in WTO law to resolve the cases they are involved in. This is not a “hard” obligation in the sense of having to achieve a specific result, but rather one of a softer, process-oriented variety. This article examines the law …
Normativity, Fairness, And The Problem Of Factual Uncertainty, Andrew Botterell, Christopher Essert
Normativity, Fairness, And The Problem Of Factual Uncertainty, Andrew Botterell, Christopher Essert
Law Publications
This article concerns the problem of factual uncertainty in negligence law. We argue that negligence law's insistence that fair terms of interaction be maintained between individuals — a requirement that typically manifests itself in the need for the plaintiff to prove factual or “but-for” causation — sometimes allows for the imposition of liability in the absence of such proof. In particular, we argue that the but-for requirement can be abandoned in certain situations where multiple defendants have imposed the same unreasonable risk on a plaintiff, where the plaintiff suffers the very sort of harm that rendered the risk unreasonable, and …
Ideas, Interests And Institutions And The History Of Canadian Bankruptcy Law 1867-1880, Thomas G. W. Telfer
Ideas, Interests And Institutions And The History Of Canadian Bankruptcy Law 1867-1880, Thomas G. W. Telfer
Law Publications
Michael Trebilcock's scholarship has long recognized the importance of ideas, interests, and institutions in shaping policy. Taking the same analytical approach that Michael Trebilcock and Ninette Kelley use in their ground-breaking book on the history of Canadian immigration, which focuses on economic interests, contested ideas, and institutions, this article examines the Canadian historical experience to gain an understanding of the ideas, interests, and institutions that have been influential in shaping the evolution of Canadian bankruptcy law. Specifically, the article addresses the rise of Canadian bankruptcy legislation in the early post-Confederation period and its ultimate repeal in 1880. Bankruptcy law represented …
Justice Ivan Rand's Commercial Law Legacy: Contracts And Bankruptcy Policies, Thomas G. W. Telfer
Justice Ivan Rand's Commercial Law Legacy: Contracts And Bankruptcy Policies, Thomas G. W. Telfer
Law Publications
No abstract provided.
Facilitating Intergovernmental Dialogue: Judicial Review Of The Division Of Powers In The Supreme Court Of Canada, Wade Wright
Facilitating Intergovernmental Dialogue: Judicial Review Of The Division Of Powers In The Supreme Court Of Canada, Wade Wright
Law Publications
No abstract provided.
Intellectual Property And The Safeguarding Of Traditional Cultures, Molly Torsen, Jane Anderson
Intellectual Property And The Safeguarding Of Traditional Cultures, Molly Torsen, Jane Anderson
Aboriginal Policy Research Consortium International (APRCi)
No abstract provided.