This cutting edge seminar series looks at legal academic writings at the intersection of intellectual property, human rights, text and data mining (TDM) research, international law, and advanced legal theory. It is intended for advanced students writing a major research paper on the topic.
SEMINAR 6 part 2: Professor Carys Craig of Osgoode Hall Law School, York University, Canada talks about limits to copyright protection which form the basis of a Right to Research. Professor Craig is author of Craig, Carys J. (2017) "Globalizing User Rights-Talk: On Copyright Limits and Rhetorical Risks," American University International Law Review: Vol. 33 : Iss. 1 , Article 1.
What are the human rights duties of states with relation to copyright and the right to research? What is the utility, or danger, of framing research interests as “rights”? What do TDM researchers need to do to perform their research? How do any of these steps implicate copyright or other exclusive rights? How does lack of copyright permission distort research outcomes? How does US law and EU law approach the issue of exceptions for research uses? How has the openness of fair use and fair dealing standards been by courts to permit TDM and other research uses? Is the openness unique to common law countries? In what ways do licensing practices enable or form barriers to TDM research in practice? These are just a few of the questions considered by our eminent group of scholars and writers over the 15 weeks of this seminar series.
ABOUT THE SERIES Promoting “learning” and “science” were among the first purposes of early copyright laws. And human rights laws require states to respect, protect and promote rights to impart and receive information and to benefit from advances in science. This lecture series brings these two strands of law into conversation, and perhaps conflict, to explore the actual and ideal dimensions of the right to research in copyright law. The lectures discuss legal academic writings at the intersection of intellectual property, human rights, text and data mining research, international law, and advanced legal theory. Each lecture is being edited and published under an open license to enable reuse in educational and other contexts.
ABOUT THE HOST Professor Sean Flynn teaches courses on the intersection of intellectual property, trade law, and human rights and is Director of the Program on Information Justice and Intellectual Property (PIJIP). At PIJIP, Professor Flynn designs and manages a wide variety of research and advocacy projects that promote the public interest in intellectual property and information law and coordinates PIJIP’s academic program.
Craig, Carys, "Prof Carys Craig: Non Expressive Use. Right to Research in International Copyright Seminar 6.2." (2022). All Faculty & Research Videos. 10.