Canadian rhapsody: Copyright law and research libraries

Rimmer, Matthew (2004) Canadian rhapsody: Copyright law and research libraries. Australian Academic and Research Libraries, 35(3), pp. 193-213.

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This article considers the ground-breaking Supreme Court of Canada decision in The Law Society of Upper Canada v CCH Canadian Limited. The matter involved legal publishers bringing an action for copyright infringement against the Law Society of Upper Canada for operating a photocopy and custom copy service at the Great Library of Osgoode Hall. The Supreme Court of Canada decision laid down important precedents in relation to originality, authorisation, and the defence of fair dealing. The ruling has been hailed as ’one of the strongest pro-user rights decisions from any high court in the world, showing what it means to do more than pay mere lip service to balance in copyright'. This decision will have important implications for the regulation of new technologies. The approach has been applied in two decisions dealing copyright law and the Internet - the Canadian Federal Court case of BMG Canada v John Doe, and the Supreme Court of Canada ’Tariff 22' case. The Supreme Court of Canada decision in The Law Society of Upper Canada v CCH Canadian Limited provides an impetus to reconsider the judicial interpretation of user rights in Australian jurisprudence.

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ID Code: 85365
Item Type: Journal Article
Refereed: Yes
Keywords: authorisation, Copyright law, fair dealing, originality, photocopiers, research and lending libraries, safe harbours for Internet service providers, Intellectual Property and Innovation Law Research Group
DOI: 10.1080/00048623.2004.10755271
ISSN: 0004-8623
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Deposited On: 17 Aug 2015 01:57
Last Modified: 07 Sep 2015 01:27

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