Dynamic Fair Dealing: Creating Canadian Culture Online

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.

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). A. THE CANADIAN COPYRIGHT CONTEXT I. Provocations: Fair Dealing as Right, Speech, Duty, and Practice Copyright and Freedom of Expression: Fair Dealing Between Work and Play Bita Amani (Queens University, Law School). From the Right to Copy to Practices of Copying Marcus Boon (York University, English). II. Recognizing the Canadian Public Domain The Canadian Public Domain: What, Where, and to What End? Carys Craig (York University, Osgoode Law School). Dynamic Fair Dealing with Orphan Works: Lessons from “Real” Propert Ren Bucholz (Lenczner Slaght Royce Smith Griffin LLP ) Publicly Funded, Then Locked Away: The Work of the Canadian Broadcasting Corporation Kyle Asquith (Western University, Information & Media Studies). III. Infrastructures for Fair Dealing Resisting Enclosure: Licenses, Authorship, and the Commons John Maxwell (Simon Fraser University, Publishing). Weaving an Open Web: Innovation and Ethics in the Virtual Commons Eliot Che (Web Designer, Cultural Shifts). “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). Net Neutrality and the Threat to Open Cultural Expression Steve Anderson (OpenMedia.ca). IV. Experiments in Pedagogy and Diversity 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). If You’re Asking, It’s not Fair Dealing: Animating Canadian Copyright Issues in a ‘Read-Write’ Classroom Matt Soar (Concordia University, Communications). Hacking Education: How Openness and Sharing Can Transform Learning Alec V. Couros (IT Coordinator, University of Regina, Faculty of Education). B. MEDIATIONS I. Digital Publishing Open Access Publishing and Academic Research Rowland Lorimer (Simon Fraser University, Canadian Centre for Studies in Publishing). 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 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). Indigenous Cultural Heritage in the Age of Technological Reproducibility: Towards a Postcolonial Ethic of the Public Domain George Nicholas (Simon Fraser University, Anthropology). Cultural Diversity: A Central Dimension of Canadian Cultural Heritage? Nicole Aylwin (York University, Communication and Culture). III. The Work of Poetics Parodists' Rights and Copyright in a Digital Canada Graham Reynolds (Dalhousie University, Law). Robin Hood of the Avant-Garde Kenneth Goldsmith (University of Pennsylvania, Creative Writing). Remixing bpNichol: 'Direct Dealing' and Recombinatory Art Practices Justin Stephenson (Trace Pictures Animation and Design). C. MAKING OUR DIGITAL HERITAGE A DYNAMIC ONE I. Documenting Pasts and Assessing Virtual Futures Copyright Dramas: Theatre Archives and Collections Online David Meurer (York University, Communication and Culture). Streaming a Digital Scream: Archiving Toronto’s Barbaric Yawp Suzanne Zelazo (Ryerson University, English). 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 i. Chipmusic, Out of Tune: Crystal Castles and the Misappropriation of Licensed Sound Martin Zeilinger (York University, Communication and Culture). 'My Real’ll Make Yours a Rental': Hip Hop and Canadian Copyright Alexandra Boutros (Wilfrid Laurier University, Cultural Studies). Friction over Fan Fiction Grace Westcott (Westcott Law, Toronto). Child-Generated Content: Children’s Authorship and Interpretive Practices in Digital Gaming Cultures Sara M. Grimes (University of Toronto, Faculty of Information). AFTERWORD: REFLECTIONS 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). REFERENCES

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.