Teresa Scassa - Blog

Wednesday, 15 June 2005 12:21

Interests in the Balance

Written by  Teresa Scassa
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“Interests in the Balance”, Book Chapter in Michael Geist, ed., In the Public Interest – The Future of Canadian Copyright Law, Irwin Law, 2005 (pp. 41-65)


In this paper, the author explores the ambiguities and inconsistencies in the Supreme Court of Canada’s latest articulation of the balance to be struck in copyright law. She considers whether the balancing of interests is to be approached by courts based on, or independently of, the balance struck in the legislation. She argues that the identified interests of ‘creators’, ‘users’ and the public should be understood in a textured way, and that the interests of ‘owners’ should neither be forgotten nor conflated with those of creators of works.

Last modified on Thursday, 18 August 2011 11:40
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