Gendreau, Ysolde --- "Towards a Contextual Copyright?" [2010] ELECD 513; in Bently, Lionel; Suthersanen, Uma; Torremans, Paul (eds), "Global Copyright" (Edward Elgar Publishing, 2010)

Book Title: Global Copyright

Editor(s): Bently, Lionel; Suthersanen, Uma; Torremans, Paul

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848447660

Section: Chapter 18

Section Title: Towards a Contextual Copyright?

Author(s): Gendreau, Ysolde

Number of pages: 10

Extract:

18. Towards a contextual copyright?
Ysolde Gendreau*

1 INTRODUCTION

To enquire whether the collective administration for online libraries is a
right holder's dream or an outdated illusion is a most relevant question
at the present point in time of the evolution of copyright law. From a
Canadian perspective, which is probably representative of events else-
where too, the growth of collective management that accompanies the
expansion of mass uses of copyright protected works leads inevitably to
the issue of its adaptation to the digital environment. While attention has
mostly been focused on the digital diffusion of music, the print world has
also been undergoing important changes that have not, however, attracted
as much public consideration. It might thus prove to be refreshing and
informative to examine the digital evolution of copyright through another
industry ­ the publishing industry ­ in a specific environment ­ the educa-
tional world. The lessons to be drawn from this exercise should thus enrich
our understanding of the contemporary copyright scene.
The present paper will attempt to answer the question that has been put
to this panel on the basis of the Canadian experience. It must be under-
stood, however, that two factual considerations may influence this analysis.
The first one is that the Canadian Parliament has so far avoided legislating
on Internet issues.1 The last major amendments to the Copyright Act
were made in 1997 as part of Phase II of the revision process of the Act.2



* Professor, Faculty of Law, Researcher, Centre de ...