Updated September 2013
Years ago, a member of my doctoral committee said “fair dealing” lacked transparency and challenged me to rename the exception. And so “fair duty” came into being; to make evident the duty of copyright holders to follow the law and not impede legitimate exceptions to the rights of control afforded by law. As I have written here: “Exceptions exist in order to ensure that the rights of copyright do not impede the goals of copyright which might be loosely described as furthering both creativity and knowledge dissemination.”
Under this title is an eclectic collection of writings, some explaining the law, others touching on subjects allied to reading, writing, creativity, innovation, access, domestic politics and international copyright-related activity. Many people have aided my work over the years; my thanks to all, with particular gratitude to the library community.Follow @FairDuty
Tertiary education for me began with a BSc. in mathematics and culminated in a Ph.D. in communication. The decade between undergraduate and graduate studies was spent as co-partner of a small consulting firm, facilitating the transfer of intellectual property between academia and industry.
My doctoral dissertation, From Fair Dealing To Fair Duty: The Necessary Margins Of Canadian Copyright Law, explored the implementation and atmosphere of copyright in Canada, through the writings of Harold Adams Innis (1894-1952). There is merit to the system of intellectual property, provided it remains a system.
Some bragging rights and chatter:
“Seeking the Margins, Fair Use and Copyright, Harold Innis and Israel,” in eds. Doagoo et al, Intellectual Property for the 21st Century: Interdisciplinary Approaches (Toronto: Irwin Law, 2014) Chapter 14 (p.310-326).
Awarded an Azrieli Postdoctoral International Fellowship for 2012-13. My thanks to the Azrieli Foundation for supporting my work, Professor Menahem Blondheim of Hebrew University for his interest in my coupling of Harold Innis and Israeli copyright development, and Professor Brian Lewis for invaluable guidance that began with my doctoral work and continued long after.
“Canada and Israel – Similarities and Differences in Modern Copyright Exceptions,” speaker for Canada and Israel in a Changing World: New Trends and Directions, hosted by Hebrew University of Jerusalem, May 20-22, 2013.
“Fairness of Use: Different Journeys,” in ed. Michael Geist, The Copyright Pentalogy — How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Ottawa: University of Ottawa Press, 2013) p.235-269.
“The System of Copyright,” in ed. Leslie Regan Shade, Mediascapes: New Patterns in Canadian Communication (Toronto: Nelson Education Ltd., 2014-published in 2013) p.321-340.
Invited speaker for Out of the Shadows, hosted by the BC Librarians Association, 2 November 2011. [A repeat performance given by request for the BCLA 2012 annual conference.] My remarks concerned the role of Access Copyright in educational licensing. See here for details.
“Fair Dealing at a Crossroads,” in ed. Michael Geist, From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda (Toronto: Irwin Law, 2010) p.90-120.
“Copyright and Ethics – An Innisian Exploration,” in Global Media Journal, Volume 2, Issue 1, November 2009, p.23-39.
“A Faustian Bargain, Copyright Retold,” keynote speaker for Interrogation Techniques: Law, Texts, Culture, hosted by the Department of English, Simon Fraser University, May 29, 2009.
“The Copyright Act of 1889 – A Canadian Declaration of Independence,” in The Canadian Historical Review, Vol. 90, Issue 1, March 2009. p.1-28. Nominated for the 2010 Peter Oliver Prize of The Osgoode Society for Canadian Legal History.