1. Copyright and Creativity in International Scholarship: A Canadian Perspective Professor Michael Geist Canada Research Chair in Internet and E-commerce Law University of Ottawa, Faculty of Law

2. imagine

3. no dmca

4. no copyright term extension

5. supportive supreme court

6. starting to realize the potential of the Internet

7. USA 1995

8. Canada 2006

9. do it right

10. barriers?

11. wipo

12. WIPO Implementation Signed in 1997; no push to ratify/implement until 2002 Bill C-60 introduced in 2005 –Links anti-circumvention provisions to actual copyright infringement New government in January 2006 –Enormous pressure from US lobby (CRIA, software) –USTR pressure New voices –Canadian Music Creators Coalition –Privacy groups

13. fair dealing

14. Theberge

15. “Excessive control by holders of copyrights and other forms of intellectual property may unduly limit the ability of the public domain to incorporate and embellish creative innovation in the long-term interests of society as a whole, or create practical obstacles to proper utilization.”

16. lsuc v. cch

17. The exceptions to copyright infringement, perhaps more properly understood as users' rights, are set out in ss. 29 and 30 of the Act...In general terms, those who deal fairly with a work for the purpose of research, private study, criticism, review or news reporting, do not infringe copyright.

18. Fair Dealing v. Fair Use Limits of fair dealing vs. limits of fair use Ability to bridge tough issues? –Extended licensing for publicly available materials –Private copying –Time shifting Fair use built on CCH vs. a narrowing of CCH with fair use

19. crown copyright

20. Crown Copyright Historically little appetite to deal with this issue Crown owns just about everything - permission culture Increasing discussion of a change - particularly around legal texts Government receptive to “getting out of the copyright ownership business?”

21. term extension

22. Term Extension LMM Copyright Term Extension Act - failed attempt to extend term Government to consult on extension to life+70 Not a top priority but will be framed as “international standard” How to counter? –Economic and cultural arguments –Creation of public domain name database

23. open access leadership

24. Open Access Leadership National Science Advisor speaks of “culture of sharing” Open access gets initial embrace from gov’t funded orgs - SSHRC, CIHR, IDRC Implementation proving challenging –Lack of buy-in at board level –Lack of pressure from political level –Lack of interest from academic sector –Lack of awareness within general public

25. Made in Canada solution

26. mgeist@uottawa.ca