Podcast: Presumed Intentions and the Copyright Bargain: Digital Copyright Reform, the Making Available Right, and Implied Licence for Public Body Uses of Copyrighted Works - 6 May 2009

This lecture addresses the separate issue of the copyright implications for government-facilitated online access to materials in which copyright is owned by third parties. The lecture analyses the extent to which the Crown is permitted to use private copyrighted materials and, in turn, the extent to which the Crown can make those works available to the public, considering in particular the theories of implied licence and waiver.

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Dr Elizabeth F Judge, Associate Professor Faculty of Law, Common Law Section, University of Ottawa

Digital copyright reform discussions are considering the intersection between author's rights, including the making available right, and the public interest in accessing materials online. Mechanisms such as opt out, implied licence, waiver, and the copyright bargain have been suggested as ways to facilitate online public access to copyrighted materials. One area that tests the appropriate balance is public body uses of copyrighted works. As governments move toward increasing public online access to materials, the privacy implications for personal information in the posted material and the Crown copyright issues are beginning to be considered.

Dr Elizabeth F Judge is an Associate Professor at the University of Ottawa, Faculty of Law, Common Law Section, where she is a member of the law and technology group specializing in intellectual property. She is a founding editor and the Editor-in-Chief and Faculty Advisor for the University of Ottawa Law & Technology Journal, project leader for Open Access Law Canada, and the co-author of Intellectual Property: The Law in Canada.

Her research focuses on intellectual property and interdisciplinary law and literature scholarship, especially intersections between copyright and authorship. Her current research, supported by the Social Sciences and Humanities Research Council of Canada, studies eighteenth-century fan fiction of iconic fictional characters in the emerging genre of the eighteenth-century British novel, the history of copyright law, and legal and literary ideas of originality and authorship.


Published: 2009-05-13T15:57:14

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