Michael Geist (ed.): The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (2013)
Filed under book | Tags: · canada, copyright, fair use, internet, law, net neutrality, technology
In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law.
The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged.
This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions.
This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court’s decisions and considers the implications for the future of copyright law in Canada.
Publisher University of Ottawa Press, April 2013
Creative Commons License Attribution-Non Commercial Share Alike 3.0
ISBN 9780776608013
480 pages
PDF (single PDF)
PDF (PDF articles)
Peter Jakobsson: Öppenhetsindustrin / Openness Industry (2012) [Swedish]
Filed under thesis | Tags: · business, copyright, creative industries, crowdsourcing, governmentality, ideology, internet, media industry, openness, openness industry
“Over recent decades several competing descriptions of the media and cultural industries have been put forward. The media and cultural industries have been described as creative industries, copyright industries, and as constitutive of an experience economy. One key element in these descriptions has been the importance of copyright law in a postindustrial economy.
The present study is an analysis of an emerging idea of an industry that functions, in part, outside of the market created by copyright law, and by exploiting, or by building markets on top of, digital, cultural and informational commons. The study is about how this idea is expressed in various forms by business organisations, companies, consultants and policymakers. I have invented the concept of the openness industry to denote the businesses that these organisations and policy makers claim are forerunners and promoters of the idea of ‘openness’ as a business model for the media industry. The purpose of the thesis is to analyse the governmentality and ideology of the openness industry.
A key element in the idea of the openness industry is that internet users can be persuaded to produce symbolic products for it by other means than the economic incentives provided by copyright. Another key element is the high value placed on single individuals in the creation of economic value; but in contrast to how the copyright industries are thought to be dependent on ‘authors’, the openness industry relies on the ‘entrepreneur’. Previous notions of the media and cultural industries have given publishers and producers of film, music and games a central role.The companies that are seminal to the idea of the openness industry are internet and technology companies.” (Abstract)
Doctoral thesis
Media and Communication, Örebro University, Sweden, 2012
Supervisors: Göran Bolin, Mats Ekström
ISBN 9789176688533
209 pages
commentary (Jonas Andersson, in Swedish)
Comment (0)Evgeny Morozov: To Save Everything, Click Here: The Folly of Technological Solutionism (2013)
Filed under book | Tags: · big data, critique, database, democracy, internet, technology
“Our society is at a crossroads. Smart technology is transforming our world, making many aspects of our lives more convenient, efficient and – in some cases – fun. Better and cheaper sensors can now be embedded in almost everything, and technologies can log the products we buy and the way we use them. But, argues Evgeny Morozov, technology is having a more profound effect on us: it is changing the way we understand human society.
In the very near future, technological systems will allow us to make large-scale and sophisticated interventions into many more areas of public life. These are the discourses by which we have always defined our civilization: politics, culture, public debate, morality, humanism. But how will these disciplines be affected when we delegate much of the responsibility for them to technology? The temptation of the digital age is to fix everything – from crime to corruption to pollution to obesity – by digitally quantifying, tracking, or gamifiying behavior. But when we change the motivations for our moral, ethical and civic behavior, do we also change the very nature of that behavior? Technology, Morozov proposes, can be a force for improvement – but only if we abandon the idea that it is necessarily revolutionary and instead genuinely interrogate why and how we are using it.
From urging us to drop outdated ideas of the Internet to showing how to design more humane and democratic technological solutions, To Save Everything, Click Here is about why we will always need to consider the consequences of the way we use technology. ”
Publisher PublicAffairs, 2013
ISBN 161039139X, 9781610391399
433 pages
review (Kevin Driscoll, LA Review of Books)
review (Siva Vaidhyanathan, Bookforum)
review (Steven Poole, The Guardian)
review (Pat Kane, The Independent)
review (Adam Thierer, Reason.com)
Interview (with Terry Winograd, Boston Review)
PDF (added on 2019-4-3)
EPUB (updated on 2019-4-3)