Gervais, Daniel --- "A Canadian copyright narrative" [2007] ELECD 295; in Torremans, Paul (ed), "Copyright Law" (Edward Elgar Publishing, 2007)

Book Title: Copyright Law

Editor(s): Torremans, Paul

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845424879

Section: Chapter 3

Section Title: A Canadian copyright narrative

Author(s): Gervais, Daniel

Number of pages: 34

Extract:

3 A Canadian copyright narrative
Daniel Gervais1



Introduction
Copyright policy, like other major areas of public policy, requires a solid
anchoring in fundamental principles. That anchor can only be found through a
clear understanding of the purpose of copyright.
One could rely on public choice theory and posit that by allowing various
stakeholders to push their issues the end-result will be balanced. From a prag-
matist's perspective, the theory rests on three key assumptions. First, that all
interested parties are represented by (equally) well-equipped experts. Second,
that these experts have correctly analyzed not only the current state of play but
also the predictable future and correctly devised measures (including, but not
limited to, legislative amendments) that will adequately align the regulatory
framework with their objectives. Third, the end-result of blending the various
`adequate' and well-formulated proposals in a single politically acceptable
package will maintain the (correct) analysis of each (equally well-equipped)
lobby and not produce unintended or negative consequences. If one accepts
that these assumptions are well founded, then by all means the government
and Parliament should limit themselves to a clearinghouse function whose
main objective is to keep everyone equally happy (or as minimally unhappy as
possible).
One may also disagree with one or more of the above assumptions. I will
declare myself to be one of those sceptics, one who believes that proper policy is
made when the policy objective is identified from a national interest perspective,
not just by mosaicing sectoral ...