Dynamic Fair Dealing: Creating Canadian Culture Online

Rosemary Coombe; Darren Wershler; Martin Zeilinger

Published by University of Toronto Press 2014

Dynamic Fair Dealing

Creating Canadian Culture Online

Rosemary Coombe , Darren Wershler and Martin Zeilinger

https://doi.org/10.3138/9781442665613

Overview
Contents

About this book

Dynamic Fair Dealing presents a range of insightful and provocative essays that rethink our relationship to Canadian fair dealing policy.

Author information

CoombeRosemary:

Rosemary J. Coombe is Canada Research Chair in Law, Communication, and Culture in the Department of Social Sciences at York University and an internationally known legal anthropologist.
WershlerDarren :

Darren Wershler is Concordia University Research Chair in Media and Contemporary Literature in Montreal and a published poet.
ZeilingerMartin:

Martin Zeilinger is SSHRC Banting Postdoctoral Fellow in Law and Culture at York University.

Reviews

Christophe Geiger, Director General, Centre for International Intellectual Property Studies, University of Strasbourg:

“Fair dealing is absolutely crucial in order to achieve a just balance of interests in copyright law and to secure the adaptability of the system to a rapidly changing digital environment. However, its scope is not always clear and often needs judicial clarifications. This timely collection presents an interdisciplinary perspective on what is and should be considered fair, by providing not only legal views but also empirical evidence and case studies in the different fields where it applies.”

Fiona Macmillan, Corporation of London Professor of Law, Birkbeck, University of London:

“The concept of fair dealing is essential in securing a digital environment that reflects the public interest in creativity, access to information, and freedom of speech. No other work subjects fair dealing to such in-depth, sustained, critical, and practical analysis.”

Teresa Scassa, Canada Research Chair in Information Law, University of Ottawa:

“Dynamic Fair Dealing is a terrific book. A unique and valuable contribution to the scholarship around fair dealing and copyright, this collection offers a fascinating account of contemporary creative and cultural practices that challenge status quo assumptions about copyright law.”

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	v
Introducing Dynamic Fair Dealing: Creating Canadian Digital Culture Rosemary J. Coombe, Darren Wershler and Martin Zeilinger Requires Authentication Unlicensed Licensed Download PDF	1
PART A. The Canadian Copyright Context
I Provocations: Fair Dealing as Right, Speech, Duty, and Practice
1 Copyright and Freedom of Expression: Fair Dealing between Work and Play Bita Amani Requires Authentication Unlicensed Licensed Download PDF	43
2 From the Right to Copy to Practices of Copying Marcus Boon Requires Authentication Unlicensed Licensed Download PDF	56
II Recognizing the Canadian Public Domain
3 The Canadian Public Domain: What, Where, and to What End? Carys J. Craig Requires Authentication Unlicensed Licensed Download PDF	65
4 Dynamic Fair Dealing with Orphan Works: Lessons from “Real” Property Ren Bucholz Requires Authentication Unlicensed Licensed Download PDF	82
5 Publicly Funded, Then Locked Away: The Work of the Canadian Broadcasting Corporation Kyle Asquith Requires Authentication Unlicensed Licensed Download PDF	90
III Infrastructures for Fair Dealing
6 Resisting Enclosure: Licences, Authorship, and the Commons John W. Maxwell Requires Authentication Unlicensed Licensed Download PDF	100
7 Weaving an Open Web: Innovation and Ethics in the Virtual Commons Eliot Che Requires Authentication Unlicensed Licensed Download PDF	113
8 “This Content Is Not Available in Your Region”: Geoblocking Culture in Canada Ira Wagman and Peter Urquhart Requires Authentication Unlicensed Licensed Download PDF	124
9 Net Neutrality and the Threat to Open Cultural Expression Steve Anderson Requires Authentication Unlicensed Licensed Download PDF	133
IV Experiments in Pedagogy and Diversity
10 Copyright and Access to Media for People with Perceptual Disabilities J.P. Udo and Deborah Fels Requires Authentication Unlicensed Licensed Download PDF	144
11 If You’re Asking, It’s Not Fair Dealing: Animating Canadian Copyright Issues in a “Read-Write” Classroom Matt Soar Requires Authentication Unlicensed Licensed Download PDF	154
12 Hacking Education: How Openness and Sharing Can Transform Learning Alec V. Couros Requires Authentication Unlicensed Licensed Download PDF	164
PART B. Mediations
I Digital Publishing
13 Open Access Publishing and Academic Research Rowland Lorimer Requires Authentication Unlicensed Licensed Download PDF	177
14 Open Access Mandates and the Fair Dealing Button Arthur Sale, Marc Couture, Eloy Rodrigues, Leslie Carr and Stevan Harnad Requires Authentication Unlicensed Licensed Download PDF	189
II Principles and Practices of Heritage Management
15 The Evolution of Cultural Heritage Ethics via Human Rights Norms Rosemary J. Coombe and Nicole Aylwin Requires Authentication Unlicensed Licensed Download PDF	201
16 Indigenous Cultural Heritage in the Age of Technological Reproducibility: Towards a Postcolonial Ethic of the Public Domain George Nicholas Requires Authentication Unlicensed Licensed Download PDF	213
17 Cultural Diversity: A Central Dimension of Canadian Cultural Heritage? Nicole Aylwin Requires Authentication Unlicensed Licensed Download PDF	225
III The Work of Poetics
18 Parodists’ Rights and Copyright in a Digital Canada Graham Reynolds Requires Authentication Unlicensed Licensed Download PDF	237
19 Robin Hood of the Avant-Garde Kenneth Goldsmith Requires Authentication Unlicensed Licensed Download PDF	251
20 Remixing bpNichol: Direct Dealing and Recombinatory Art Practices Justin Stephenson Requires Authentication Unlicensed Licensed Download PDF	261
PART C. Making Our Digital Heritage a Dynamic One
I Documenting Pasts and Assessing Virtual Futures
21 Copyright Dramas: Theatre Archives and Collections Online David M. Meurer Requires Authentication Unlicensed Licensed Download PDF	273
22 Streaming a Digital Scream: Archiving Toronto’s Barbaric Yawp Suzanne Zelazo Requires Authentication Unlicensed Licensed Download PDF	284
23 The NFB, Canada’s Experimental Documentary Tradition, and Found Futures Martin Zeilinger and Eli Horwatt Requires Authentication Unlicensed Licensed Download PDF	294
II Recombinant Creativity
24 Chipmusic, Out of Tune: Crystal Castles and the Misappropriation of Creative Commons–Licensed Music Martin Zeilinger Requires Authentication Unlicensed Licensed Download PDF	305
25 “My Real’ll Make Yours a Rental”: Hip Hop and Canadian Copyright Alexandra Boutros Requires Authentication Unlicensed Licensed Download PDF	317
26 Friction over Fan Fiction Grace Westcott Requires Authentication Unlicensed Licensed Download PDF	327
27 Child-Generated Content: Children’s Authorship and Interpretive Practices in Digital Gaming Cultures Sara M. Grimes Requires Authentication Unlicensed Licensed Download PDF	336
AFTERWORD: Reflections
Deal with It Laura J. Murray Requires Authentication Unlicensed Licensed Download PDF	349
Pull Up the Stakes and Fill in the Ditches The Materiality of Intellectual Property Darin Barney Requires Authentication Unlicensed Licensed Download PDF	354
References Requires Authentication Unlicensed Licensed Download PDF	361
Acknowledgments Requires Authentication Unlicensed Licensed Download PDF	417
Contributors Requires Authentication Unlicensed Licensed Download PDF	419
Index Requires Authentication Unlicensed Licensed Download PDF	425

Language: English
Publisher: University of Toronto Press
Audience: College/higher education;Professional and scholarly;
Pages
- Main content: 456
Illustrations
- Illustrations: 4
- Other: 2 figures

eBook

Published: May 7, 2014
ISBN: 9781442665613