The Economics of Copyright and Fair Dealing

55 Pages Posted: 29 May 2008

See all articles by Marcel Boyer

Marcel Boyer

CIRANO, Université de Monréal

Date Written: December 1, 2007

Abstract

The Copyright Act (R.S.C., 1985, c. C-42) includes several exceptions to the exclusive right of copyright holders, including the provisions concerning "fair dealing", which state that fair dealing in respect of a literary or artistic work for the purposes of private study, research, criticism or review, or news reporting does not constitute a violation of copyright. Our objective in this paper is to characterize the role and nature of this exception from the standpoint of contemporary economic theory and analysis and in the light of the recent Supreme Court of Canada on this subject (CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339, 2004 SCC 13).

Keywords: copyright, fair dealing, Supreme Court

Suggested Citation

Boyer, Marcel, The Economics of Copyright and Fair Dealing (December 1, 2007). CIRANO - Scientific Publications 2007s-32, Available at SSRN: https://ssrn.com/abstract=1133593 or http://dx.doi.org/10.2139/ssrn.1133593

Marcel Boyer (Contact Author)

CIRANO, Université de Monréal ( email )

1400-1130 Sharbrooke St. West
Montreal, Quebec H3A 2M8
Canada
514 985-4000 (Phone)
514-985-4039 (Fax)

HOME PAGE: http://www.cirano.qc.ca/~boyerm

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
172
Abstract Views
895
rank
212,865
PlumX Metrics