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Digital Locks and the Fate of Fair Dealing in Canada: In Pursuit of 'Prescriptive Parallelism'

Journal of World Intellectual Property, 2010

Osgoode CLPE Research Paper No. 18/2010

44 Pages Posted: 6 May 2010 Last revised: 16 Jun 2010

Carys J. Craig

Osgoode Hall Law School, York University, Toronto

Date Written: September 4, 2009

Abstract

The enactment of anti-circumvention laws in Canada appears imminent and all but inevitable. This article considers the threats posed by technical protection measures and anti-circumvention laws to fair dealing and other lawful uses of protected works, and so to the copyright system more generally. The argument adopts, as its normative starting point, the principle of "prescriptive parallelism" according to which the traditional copyright balance of rights and exceptions should be preserved in the digital environment. Looking to the experiences of other nations, the article explores potential routes towards reconciling technical protection measures with copyright limits, and maintaining a substantive continuity in Canada's copyright balance. It offers some proposals for digital copyright reform that could meet the principled demands of prescriptive parallelism, limit the impact of digital locks on the cultural landscape, and save fair dealing from its impending fate.

Keywords: Copyright, Canada, Anti-Circumvention, Fair Dealing, Public Domain

JEL Classification: K39, O33, O34, O38

Suggested Citation

Craig, Carys J., Digital Locks and the Fate of Fair Dealing in Canada: In Pursuit of 'Prescriptive Parallelism' (September 4, 2009). Journal of World Intellectual Property, 2010; Osgoode CLPE Research Paper No. 18/2010. Available at SSRN: https://ssrn.com/abstract=1599610

Carys J. Craig (Contact Author)

Osgoode Hall Law School, York University, Toronto ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416 736 5189 (Phone)
416 736 5736 (Fax)

HOME PAGE: http://www.osgoode.yorku.ca

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