A key element of the copyright balance between creators and users is the doctrine of fair use (or dealing). Pursuant to this doctrine, use of a copyrighted work does not constitute infringement, so long as such use is “fair”. This paper explores the commonalities and differences between...

As a result of the March 4, 2004 Supreme Court of Canada decision in CCH Canadian Ltd v Law Society of Upper Canada for the first time in Canadian copyright history, the court determined that Canadian law must recognize a user right to carry on exceptions generally and fair dealing in...

This paper examines a number of government policies related to competition or intellectual property and affecting innovation for their welfare effects. Its premise is that the enhancement of social welfare is included among the purposes of competition and intellectual-property laws. It also...

Copyright protection of government-related materials lies at the intersection of private incentives, public interest, and political motivation. These interests naturally clash. Therefore, the justification and scope of copyright protection for such materials has been subject of intense...