Fair Copyright For Canada : Encouragement

posted Jul. 23, 2008



A brief history about Copyright...
Copyright, in the common law tradition, is usually presented as a balance between promoting the public interest in the encouragement and dissemination of works of the arts and intellect and obtaining a just reward for the creator. As early as 1769 in the case of Millar v. Taylor, an English judge wrote:
It is wise in any state, to encourage letters, and the painful researches of learned men. The easiest and most equal way of doing it, is, by securing to them the property of their own works...
He who engages in a laborious work... which may employ his whole life, will do it with more spirit, if, besides his own glory, he thinks it may be a provision for his family. But, as the Supreme Court recently decided in the Théberge case, the "proper balance among these and other public policy objectives lies not only in recognizing the creator's rights but in giving due weight to their limited nature." Maintaining the terms of this bargain continues to be an important, and contentious, issue in Canadian copyright policy.