Copyright in the Age of Generative Artificial Intelligence: Comments in Response to the Government of Canada's Consultation Questionnaire
In: Osgoode Legal Studies Research Paper No. 4718941
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In: Osgoode Legal Studies Research Paper No. 4718941
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In: The Elgar Companion to Intellectual Property and the Sustainable Development Goals, Bita Amani, Caroline Ncube, and Matthew Rimmer (eds.) Cheltenham and Northampton (Ma.): Edward Elgar, 2023
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In: Barton Beebe & Haochen Sun (eds.), CHARTING LIMITATIONS ON TRADEMARK RIGHTS (Oxford University Press, 2022 Forthcoming)
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In: Ryan Abbott (ed.) Research Handbook on Intellectual Property and Artificial Intelligence (Edward Elgar Press, 2022 Forthcoming)
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In: 21 for 2021 Project, CREATe Copyright Evidence Portal (https://www.create.ac.uk/blog/2021/12/17/21-for-2021-copyright-gender-evidencing-the-connections/)
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In: Jerusalem Review of Legal Studies (2022 Forthcoming)
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In: in Florian Martin-Bariteau & Teresa Scassa, eds., Artificial Intelligence and the Law in Canada (Toronto: LexisNexis Canada, 2021)
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Working paper
In: Cardozo Arts & Entertainment Law Journal, Vol. 38 (Forthcoming)
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In: European Intellectual Property Review (Forthcoming)
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In: Craig, C. (2014). Feminist Aesthetics and Copyright Law: Genius, Value, and Gendered Visions of the Creative Self. In I. Calboli & S. Ragavan (eds.), Protecting and Promoting Diversity with Intellectual Property Law. United Kingdom: Cambridge University Press, Forthcoming
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In: Carys Craig, COPYRIGHT, COMMUNICATION & CULTURE: TOWARDS A RELATIONAL THEORY OF COPYRIGHT LAW, Edward Elgar Press, 2011
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This essay explores the important body of scholarship that has emerged on the substance, nature, and role of the public domain in intellectual property law. I offer some concrete definitions of the public domain in the copyright context, identify some ongoing sources of debate in the literature, and highlight some particularly significant voices in public domain discourse. In doing so, my aim is twofold: first, I mean to present a reasonably comprehensive but concise review of the academic public domain movement, which has been directed towards substantiating and politicizing the concept of the public domain, second, I hope to re-situate this movement in the Canadian context in which the concept has remained relatively underdeveloped, but where it has a crucial and timely role to play in the evolution of copyright law and policy. Conceptualized as a vibrant, dynamic, and shifting space in which citizens freely engage in communicative and creative activities, the public domain takes on a positive dimension and a political force that can be harnessed to challenge the expansion of intellectual property and its paradigms of control and exclusivity.
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In CCH Canadian Ltd. v. Law Society of Upper Canada, the Supreme Court of Canada ostensibly settled the debate between the "sweat school" and the "creativity school" regarding the meaning of copyright's originality requirement. While rejecting a labour-based formulation of the originality standard, the Supreme Court also refused to adopt the "minimal degree of creativity" test established by the U.S. Supreme Court in the famous Feist case. The appropriate threshold for originality, according to the Supreme Court of Canada, "falls between these two extremes" and requires "an exercise of skill and judgment." This paper explores the significance of the "skill and judgment" test by contrasting it with previous articulations of the standard in Canadian jurisprudence, and against the current approach to originality in the United Kingdom and the United States. In particular, it examines the theoretical, political, and pragmatic considerations that may explain the Court's reluctance to explicitly include either "labour" or "creativity" among the relevant ingredients of original authorship. It suggests that the absence of these concepts is the key to understanding the nature and role of Canada's new originality standard in copyright policy: When assessing copyrightability, Canadian courts should put aside both labour- and personality-based theories of entitlement. In this way, the CCH decision has the potential to clear the path for an instrumental application of the originality doctrine that furthers the public policy goals of the copyright system.
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In: Research Handbook on Intellectual Property and Moral Rights, Ysolde Gendreau (ed), Edward Elgar (Forthcoming)
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In: Jane Bailey, Carys Craig, Suzie Dunn, and Sonia Lawrence, "Reframing Technology-Facilitated Gender-Based Violence at the Intersections of Law & Society" (2022) 19:2 CJLT 209.
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