This comment was prepared for the Harvard Law Review Forum “The New Private Law” Symposium (October 2011) as a response to Shyamkrishna Balganesh’s “The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying,” 125 Harvard Law Review 1664 (2012).
Featured here is the first section of a paper by Abraham Drassinower, Associate Professor, Faculty of Law, University of Toronto. The paper was originally published in the Notre Dame Law Review. The full article can be found here. The idea that the purpose of copyright law is to provide incentives for creativity is among the most […]
Abraham Drassinower is an Associate Professor in the Faculty of Law at the University of Toronto On July 27, 2007, the Supreme Court of Canada released a significant decision dealing with copyright and parallel imports, Euro-Excellence Inc. v. Kraft Canada Inc. [Euro-Excellence]. This paper emphasizes certain aspects of the case with a view to plumbing […]
Professor Abraham Drassinower (University of Toronto) has a new paper available on SSRN, “Exceptions Properly So-Called". His paper is described below. The paper sets out to distinguish four kinds of copyright limitations, of which only one can be regarded as a true exception. There are (a) subject matter limitations, (b) scope limitations, (c) miscellaneous exceptions, […]
Abraham Drassinower is an Associate Professor in the Faculty of Law at the University of Toronto. Few propositions are more frequently asserted in contemporary copyright discussion than the proposition that copyright is a balance between authors and users - a balance (as some like to say) between the incentive to create and the imperative to […]
Professor Abraham Drassinower (University of Toronto) has a new paper available on SSRN, "Canadian Originality: Remarks on a Judgment in Search of an Author". Professor Drassinower describes his paper below. The standard of originality in Canadian copyright law has recently undergone significant transformation. Traditionally a jurisdiction that, in the eyes of many, had adopted a […]