Dynamic Fair Dealing: Creating Canadian Culture Online

Dynamic Fair Dealing: Creating Canadian Culture Online


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Dynamic Fair Dealing: Creating Canadian Culture Online by Rosemary Coombe, Darren Wershler, Martin Zeilinger

Dynamic Fair Dealing argues that only a dynamic, flexible, and equitable approach to cultural ownership can accommodate the astonishing range of ways that we create, circulate, manage, attribute, and make use of digital cultural objects.

The Canadian legal tradition strives to balance the rights of copyright holders with public needs to engage with copyright protected material, but there is now a substantial gap between what people actually do with cultural forms and how the law understands those practices. Digital technologies continue to shape new forms of cultural production, circulation, and distribution that challenge both the practicality and the desirability of Canada's fair dealing provisions.

Dynamic Fair Dealing presents a range of insightful and provocative essays that rethink our relationship to Canadian fair dealing policy. With contributions from scholars, activists, and artists from across disciplines, professions, and creative practices, this book explores the extent to which copyright has expanded into every facet of society and reveals how our capacities to actually deal fairly with cultural goods has suffered in the process. In order to drive conversations about the cultural worlds Canadians imagine, and the policy reforms we need to realize these visions, we need Dynamic Fair Dealing.

Product Details

ISBN-13: 9781442646407
Publisher: University of Toronto Press, Scholarly Publishing Division
Publication date: 11/28/2013
Pages: 456
Product dimensions: 5.90(w) x 8.90(h) x 1.30(d)

About the Author

Rosemary J. Coombe is Canada Research Chair in Law, Communication, and Culture in the Department of Social Sciences at York University and an internationally known legal anthropologist.

Darren Wershler is Concordia University Research Chair in Media and Contemporary Literature in Montreal and a published poet.

Martin Zeilinger is SSHRC Banting Postdoctoral Fellow in Law and Culture at York University.

Table of Contents

INTRODUCING Dynamic Fair Dealing: Creating Canadian Digital Culture

Rosemary J. Coombe (York University, Canada Research Chair in Law, Communication and Culture), Darren Wershler (Concordia University Research Chair in Media & Contemporary Literature) and Martin Zeilinger (Banting Postdoctoral Fellow in Law and Culture, York University).


I. Provocations: Fair Dealing as Right, Speech, Duty, and Practice

  1. Copyright and Freedom of Expression: Fair Dealing Between Work and Play
    Bita Amani (Queens University, Law School).
  2. From the Right to Copy to Practices of Copying
    Marcus Boon (York University, English).

II. Recognizing the Canadian Public Domain

  1. The Canadian Public Domain: What, Where, and to What End?
    Carys Craig (York University, Osgoode Law School).
  2. Dynamic Fair Dealing with Orphan Works: Lessons from “Real” Propert
    Ren Bucholz (Lenczner Slaght Royce Smith Griffin LLP )
  3. Publicly Funded, Then Locked Away: The Work of the Canadian Broadcasting Corporation
    Kyle Asquith (Western University, Information & Media Studies).

III. Infrastructures for Fair Dealing

  1. Resisting Enclosure: Licenses, Authorship, and the Commons
    John Maxwell (Simon Fraser University, Publishing).
  2. Weaving an Open Web: Innovation and Ethics in the Virtual Commons
    Eliot Che (Web Designer, Cultural Shifts).
  3. “This Content is Not Available in Your Region”: Geo-Blocking Culture in Canada
    Pete Urquhart (Wilfrid Laurier University, Communications) and Ira Wagman (Carleton University, Journalism & Communication).
  4. Net Neutrality and the Threat to Open Cultural Expression
    Steve Anderson (OpenMedia.ca).

IV. Experiments in Pedagogy and Diversity

  1. Copyright and Access to Media for People with Perceptual Disabilities
    J. P. Udo (Ryerson University, Centre for Learning Technologies) and Deborah Fels (Ryerson University, Centre for Learning Technologies).
  2. If You’re Asking, It’s not Fair Dealing: Animating Canadian Copyright Issues in a ‘Read-Write’ Classroom
    Matt Soar (Concordia University, Communications).
  3. Hacking Education: How Openness and Sharing Can Transform Learning
    Alec V. Couros (IT Coordinator, University of Regina, Faculty of Education).


I. Digital Publishing

  1. Open Access Publishing and Academic Research
    Rowland Lorimer (Simon Fraser University, Canadian Centre for Studies in Publishing).
  2. Open Access Mandates and the ‘Fair Dealing’ Button
    Arthur Sale (University of Tasmania, Computer Science), Marc Couture (Université du Québec à Montréal, Télé-université), Eloy Rodrigues (Universidade do Minho, Portugal, Documentation Services), Leslie Carr (University of Southampton, School of Electronics and Computer Science) and Stevan Harnad (Université du Quebec à Montreal, Canada Research Chair in Cognitive Science).

II. Principles and Practices of Heritage Management

  1. The Evolution of Cultural Heritage Ethics via Human Rights Norms
    Rosemary J. Coombe (Canada Research Chair in Law, Communication and Culture, York University) Nicole Aylwin (York University, Communication and Culture).
  2. Indigenous Cultural Heritage in the Age of Technological Reproducibility: Towards a Postcolonial Ethic of the Public Domain
    George Nicholas (Simon Fraser University, Anthropology).
  3. Cultural Diversity: A Central Dimension of Canadian Cultural Heritage?
    Nicole Aylwin (York University, Communication and Culture).

III. The Work of Poetics

  1. Parodists' Rights and Copyright in a Digital Canada
    Graham Reynolds (Dalhousie University, Law).
  2. Robin Hood of the Avant-Garde
    Kenneth Goldsmith (University of Pennsylvania, Creative Writing).
  3. Remixing bpNichol: 'Direct Dealing' and Recombinatory Art Practices
    Justin Stephenson (Trace Pictures Animation and Design).


I. Documenting Pasts and Assessing Virtual Futures

  1. Copyright Dramas: Theatre Archives and Collections Online
    David Meurer (York University, Communication and Culture).
  2. Streaming a Digital Scream: Archiving Toronto’s Barbaric Yawp
    Suzanne Zelazo (Ryerson University, English).
  3. The NFB, Canada’s Experimental Documentary Tradition and Found Futures
    Martin Zeilinger (York University, Communication and Culture) and ElHorwatt (YorkUniversity, Film and Media).

II. Recombinant Creativity

  1. i. Chipmusic, Out of Tune: Crystal Castles and the Misappropriation of Licensed Sound
    Martin Zeilinger (York University, Communication and Culture).
  2. 'My Real’ll Make Yours a Rental': Hip Hop and Canadian Copyright
    Alexandra Boutros (Wilfrid Laurier University, Cultural Studies).
  3. Friction over Fan Fiction
    Grace Westcott (Westcott Law, Toronto).
  4. Child-Generated Content: Children’s Authorship and Interpretive Practices in Digital Gaming Cultures
    Sara M. Grimes (University of Toronto, Faculty of Information).


Deal with it
Laura Murray (Queens University, English).

Pull up the stakes and fill in the ditches: the materiality of intellectual property
Darin Barney (McGill University, Art History and Communications).


What People are Saying About This

Fiona Macmillan

“The concept of fair dealing is essential in securing a digital environment that reflects the public interest in creativity, access to information, and freedom of speech. No other work subjects fair dealing to such in-depth, sustained, critical, and practical analysis.”

Christophe Geiger

“Fair dealing is absolutely crucial in order to achieve a just balance of interests in copyright law and to secure the adaptability of the system to a rapidly changing digital environment. However, its scope is not always clear and often needs judicial clarifications. This timely collection presents an interdisciplinary perspective on what is and should be considered fair, by providing not only legal views but also empirical evidence and case studies in the different fields where it applies.”

Teresa Scassa

Dynamic Fair Dealing is a terrific book. A unique and valuable contribution to the scholarship around fair dealing and copyright, this collection offers a fascinating account of contemporary creative and cultural practices that challenge status quo assumptions about copyright law.”

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