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Writing -
Articles & Chapters
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Canada's private copying levy is arguably unconstitutional, according to my analysis in this article published by the McGill Law Journal. The groundbreaking framework to explore this novel issue in the intellectual property literature has spawned several more articles, as well as an entire SSHRC-funded research project.
This particular 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.
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