Osgoode Hall Review of Law and Policy


Laura Murray

Document Type


English Abstract

In this submission, the author articulates the principles that she feels should guide copyright reform. Appropriate reforms would aim to restore legitimacy to the Copyright Act by ensuring technological neutrality, and by implementing the WIPO treaties in a manner that best suits Canada‘s specific circumstances, policy traditions, and cultural goals. Clear legal drafting so that ordinary Canadians can understand the Act is also essential. Strong users’ rights foster expression, enhance learning opportunities, and make creation possible in the first place. With respect to specific reforms, Digital Rights Management must not prohibit anti-circumvention for non-infringing purposes, licensing regimes must be accountable and transparent, and copyright protection generally should be subject to a flexible and broad fair dealing test by the inclusion of a ―such as‖ clause in the current fair dealing provision of the Copyright Act, as guided by the Supreme Court‘s test in CCH v. Law Society of Upper Canada.