Dynamic Fair Dealing

Rosemary Coombe; Darren Wershler; Martin Zeilinger

Rosemary Coombe , Darren Wershler and Martin Zeilinger

Dynamic Fair Dealing

Creating Canadian Culture Online

University of Toronto Press | 2014

DOI: 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.”

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

Dynamic Fair Dealing

Creating Canadian Culture Online

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