|
 This research addresses the scope of Parliament's authority under subsection 91(23) of the Constitution Act 1867 to legislate in respect of "Copyrights", with specific reference to Canada’s private copying levy. Because the levy has been interpreted very broadly, it is arguably in pith and substance a matter of Property and Civil Rights and therefore a matter of provincial jurisdiction. More generally, I argue that copyright legislation must remain tightly linked to authors' cultural creativity, and not unduly compromise other Canadians' property and civil rights.
The article can be downloaded directly from the McGill Law Journal here, or from SSRN here, or from bepress here.
|
|
Last Updated on Sunday, 10 May 2009 |
