Copyright Legislative Impunity? How Copyright Term Extensions Violate Freedom of Expression
Bibliographic record
Abstract
With the global trend of harmonizing intellectual property rights, there is enormous pressure on Canada to adopt a maximalist approach to copyright protection. The purpose of this paper is to assess the constitutionality of the copyright extensions for sound recordings and performances found within the Economic Action Plan 2015 Act. Although Canadian courts have been reluctant in the past to consider the effects of copyright law on freedom of expression, the time is now ripe for the courts to assert their authority under the constitution. This paper demonstrates that copyright law is indeed in conflict with freedom of expression and that any time the legislature amends or imposes new burdens on expression, the government must justify those actions. In the case of the twenty-year term extension for sound recordings and performances, a constitutional analysis reveals that the law is disproportionate and cannot be saved under s.1 of the Charter.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot 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.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.013 | 0.019 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.011 | 0.035 |
| Scholarly communication | 0.017 | 0.008 |
| Open science | 0.002 | 0.004 |
| Research integrity | 0.005 | 0.007 |
| Insufficient payload (model declined to judge) | 0.009 | 0.001 |
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.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
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".