Interests in the Balance

IN THE PUBLIC INTEREST: THE FUTURE OF CANADIAN COPYRIGHT LAW, M. Geist, ed., Toronto: Irwin Law, 2005

25 Pages Posted: 21 Oct 2010

See all articles by Teresa Scassa

Teresa Scassa

University of Ottawa - Common Law Section

Date Written: 2005

Abstract

In this paper, the author explores the ambiguities and inconsistencies in the Supreme Court of Canada’s latest articulation of the balance to be struck in copyright law. She considers whether the balancing of interests is to be approached by courts based on, or independently of, the balance struck in the legislation. She argues that the identified interests of ‘creators’, ‘users’ and the public should be understood in a textured way, and that the interests of ‘owners’ should neither be forgotten nor conflated with those of creators of works.

Keywords: copyright law, balance, creators, intellectual property law

Suggested Citation

Scassa, Teresa, Interests in the Balance (2005). IN THE PUBLIC INTEREST: THE FUTURE OF CANADIAN COPYRIGHT LAW, M. Geist, ed., Toronto: Irwin Law, 2005, Available at SSRN: https://ssrn.com/abstract=1694680

Teresa Scassa (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
6135625800x3872 (Phone)
6135645124 (Fax)

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