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Record W133142431

The Purpose of Copyright Law in Canada

2005· article· en· W133142431 on OpenAlexaboutno aff
Daniel J. Gervais

Bibliographic record

VenueSSRN Electronic Journal · 2005
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicCopyright and Intellectual Property
Canadian institutionsnot available
Fundersnot available
KeywordsSupreme courtLaw and economicsExclusive rightPolitical scienceNet neutralityCopyright lawMoral rightsLawTrilogyParliamentThe InternetIntellectual propertyEconomicsComputer science
DOInot available

Abstract

fetched live from OpenAlex

In three recent cases, the Supreme Court of Canada provided several pieces of the Canadian copyright policy puzzle. We now know that the economic purpose of copyright law is instrumentalist in nature, namely, to ensure the orderly production and distribution of, and access to, works of art and intellect. The Court added that copyright can not enter carelessly into the private sphere of individual users. By targeting end-users in recent lawsuits, copyright holders have also found out that it is difficult to enforce a right that has not been properly internalized. After reviewing the Supreme Court trilogy of cases, the paper explores the importance of the moral imperative and the almost nonexistent role of Parliament in setting policy at the macro level. In Part 3, the paper proposes two concrete ways to align copyright law with its underlying purpose, especially on the internet. The first is to make existing rights easier to manage by facilitating collective management using the Extended Repertoire (or extended collective licensing system). A compatibility analysis with applicable international norms is provided. The second is a recasting of the copyright rights based on the effect of the use made of the work, not its technical nature.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.005
metaresearch head score (Gemma)0.018
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.175
Threshold uncertainty score0.957

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0050.018
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0000.001
Bibliometrics0.0030.004
Science and technology studies0.0300.018
Scholarly communication0.0170.003
Open science0.0020.005
Research integrity0.0060.005
Insufficient payload (model declined to judge)0.0050.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.007
GPT teacher head0.180
Teacher spread0.174 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations7
Published2005
Admission routes1
Has abstractyes

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