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Counter-Revolution in Canadian Copyright Law?

Authors: John Beardwood;

Counter-Revolution in Canadian Copyright Law?

Abstract

The previous CRi article entitled "Revolution in Canadian Copyright Law?" (Beardwood, CRi 2005, pp. 40-47) identified the following three themes that emerged from a series of seminal Canadian copyright cases in 2004: (1) the expansion of user rights, (2) the significant influence of foreign law, and (3) the potential for conflict between the courts and the legislature. Four years later, the federal government has finally unveiled its package of reforms on 12 June 2008 to the Canadian Copyright Act (the "Act") in the form of Bill C-61, An Act to Amend the Copyright Act, which would, among other things, implement the World International Property Organization Treaty ("WPPT"). There is no doubt that Bill C-61, if enacted, will represent a significant shift in the Canadian copyright regime. However, in reviewing the main elements of the Bill and comparing them against the 2004 case law, it appears that the shift represented by the Bill is much less dramatic than the "revolution" proposed by the judiciary, and in fact in many respects appears to represent a counter-revolution intended to circumscribe the direction adopted by the judiciary.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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