Technological Neutrality: Toward Copyright Convergence in the Digital Age

37 Pages Posted: 26 Aug 2015  

Kevin P Siu

University of Toronto, Faculty of Law, Students

Date Written: 2013

Abstract

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

Siu, Kevin P, Technological Neutrality: Toward Copyright Convergence in the Digital Age (2013). University of Toronto Faculty of Law Review, Vol. 71, No. 2, 2013. Available at SSRN: https://ssrn.com/abstract=2246148

Kevin P Siu (Contact Author)

University of Toronto, Faculty of Law, Students ( email )

Toronto
Canada

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