Osgoode Hall Review of Law and Policy (OHRLP)

In this submission, the author revisits and expands on various points highlighted during a roundtable session in Toronto relating to copyright reform. In doing so, he raises and responds to several fundamental questions affecting copyright law, including those relating to the modernization of existing copyright law, technological neutrality, changes that can foster innovation, creativity, competition and investment in Canada and consequently position Canada as a technological leader. The author then moves on to consider the notion of fair dealing, focusing specifically on the need to make current categories under the fair dealing provisions illustrative rather than exhaustive.  Moreover, he argues for the need to include the list of factors endorsed by the Supreme Court of Canada in Canada’s fair dealing provisions.  Lastly, the author touches on a variety of issues that he argues are necessary to address in order to ensure that fair dealing rights in Canada are not undermined. 

Samuel Trosow, Copyright Consultations Submission (2009) Osgoode Hall Rev.L.Pol'y 169.