Technological Neutrality: Toward Copyright Convergence in the Digital Age
37 Pages Posted: 26 Aug 2015
Date Written: 2013
This article examines the application of the principle of technological neutrality in copyright law, focusing on recent developments in Canadian jurisprudence and legislation. The principle of technological neutrality is central to a sustainable copyright regime in an era of technological innovation. Canadian jurisprudence has largely focused on functional equivalency between physical and digital transactions when applying the principle of technological neutrality, but the jurisprudence has not addressed the differential treatment of converging technologies. Examples from other jurisdictions show how a non-neutral regime can lead to economic inefficiencies and hinder innovation. This article argues that the best way to protect the integrity of copyright law and promote technological development is to enhance the principle of technological neutrality through a paradigm shift from a list of enumerated statutory rights to a general right of commercial exploitation.
Keywords: copyright, technological neutrality, media neutrality
JEL Classification: O34, K39
Suggested Citation: Suggested Citation