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  • In this article, I investigate the nature of exceptions to copyright infringement or users' rights. Are exceptions to copyright infringement rights or privileges? Are they mandatory? While copyright users' rights and interests have triggered interest and debate amongst scholars, relatively less attention has been given to defining their precise nature, and on the consequences of the main characteristics of exceptions to copyright infringement on copyright law and policy. I examine the interplay between the users' rights set out in the Copyright Act and how they can be altered or overridden by non-negotiated standard end-user agreements and TPMs. To this end, I refer to a sample of non-negotiated standard terms of use for the online distribution of books, musical recordings and films. I investigate the nature of exceptions to copyright infringement, including through Hohfeld's theory of jural correlatives. I look at the policy considerations behind these questions and conclude by reflecting on the damaging effects of the uncertain nature of users' rights on the coherence and, ultimately, the legitimacy of copyright law.

  • 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.

Last update from database: 3/12/25, 11:50 PM (UTC)

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