Meera Nair

a belated “thank you”

In Posts on March 16, 2014 at 9:10 pm

On 5 March 2014, Intellectual Property for the 21st Century was officially unveiled by the Centre for Law, Technology and Society of the Faculty of Law at the University of Ottawa. The book is an outcome of a workshop held in the spring of 2012, where “interdisciplinary” was the word of the day. My contribution involved connections between Harold Innis and copyright as it is evolving through the 20th and 21st centuries. The diversity of scholarship set upon a common interest in intellectual property made for engaging discussion; it was a pleasure to participate with this endeavor.

The foreword, provided by David Vaver, an internationally acclaimed intellectual property scholar, includes these observations:

… patents, copyrights, trademarks, designs, and information and image rights have become vibrant individual disciplines and not just in law. … But crosstalk occurs less frequently than it could, and joint work, while growing, is still the exception rather than the norm. … Acting as facilitators [the editors] assembled a group of scholars and practitioners told them to get interdisciplinary with IP – whatever that meant to each one of them – and hope for the best. And as this volume demonstrates, the best can be very good indeed.

My thanks are due to Courtney Doagoo, Mistrale Goudreau, Madelaine Saginur, and Teresa Scassa. Their guidance before, during, and after the workshop, was immeasurable. Editing and shepherding a volume of this nature to completion is no small task – the book spans twenty-five chapters penned by more than thirty authors from different disciplines. I share Vaver’s concluding assessment: “This is an intellectual feast worth savouring and digesting. Anyone with even a passing interest in how society and intellectual property interact will enjoy sampling these delights.”

An overview of the book, and its table of contents, is available here. All chapters are freely available via Irwin Law’s Content Commons, see here.

While I recommend the book in its entirety, I must highlight a much-needed reminder from Graham Reynolds. In his exploration of the viability of a Public Domain Impact Assessment within copyright’s legislative process, Reynolds gives a broad explanation of what the public domain is. More specifically, it includes: “uses of material that are deemed not be covered by intellectual property rights through the application of defenses/exceptions to intellectual property infringement … (p.98).” Said another way, the public domain includes currently copyrighted works when accessed in accordance with fair dealing.

The stature of “public domain” is not only a function of the age of a work, it is also a function of how the work is used. (For further information; see Public Domain.)

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