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In this article, the author investigates the nature of exceptions to copyright infringement or users' rights as they are laid out in Canada's Copyright Act and in copyright jurisprudence, as well as through their interaction with contracts and technological protection measures. The author begins his analysis with four exceptions to copyright infringement that were added to the Copyright Act in 2012 (i.e., the non-commercial user-generated content, the reproduction for private purposes, the later listening or viewing, and the backup copies exceptions to copyright infringement) with a particular focus on their relevance for consumers and their relation to pre-existing users' rights. The author investigates the nature of these exceptions, including through Hohfeld's theory of jural correlatives. He looks at the policy considerations behind these questions and conclude his article by reflecting on the damaging effects of the uncertain nature of users' rights on the coherence and, ultimately, the legitimacy of copyright law.
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Osgoode Hall Law School, York University’s Challenging Conventions! Speaker Series organized Re-Igniting Critical Race: A Symposium on Contemporary Accounts of Racialization in Canada on November 2, 2012. The symposium sought to explore critical race theory and its praxis within the Canadian legal academy by inviting emerging scholars and practitioners to engage with the scholarship of Professor Patricia Williams.
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Global Legal Pluralism: A Jurisprudence of Law Beyond Borders (GLP) by Paul Schiff Berman is a legal pluralist’s contribution to the study of local and global regulation. In a tour de force, Berman articulates clear and concise arguments in support of adopting a pluralist lens (coined as a cosmopolitan pluralist perspective). He magnificently traverses the multiple and complex bodies of literature that seek to understand the various inchoate regulatory regimes, actors, norms, and processes,1 to simply state that we must harness the benefits of the overlapping legal authorities. The overlapping legal authorities for Berman produce legal hybridity, which is a product of globalization(s).2
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