Chapter entitled "Copyright and Freedom of Expression in Canada" to a new edition of Paul Torremans ed., Intellectual Property Law and Human Rights (The Netherlands: Kluwer, 2015).
Windsor Law Faculty Author: Myra Tawfik
Abstract: This chapter explores the intersection between copyright law and freedom of expression in Canada. Traditionally, Canadian courts have relied on the internal structure of the Copyright Act to reject defendants' Charter claims of freedom of expression in copyright infringement cases. This chapter traces the evolution of free expression within Canadian copyright law and critiques the legitimacy of the ‘internalized’ approach in light of recent statutory and judicial developments in Canada, the US and the EU.