Re: [Cdn-DMCA] Disney: "There is no right to fair use"

From: Michael Richardson <mcr _-at-_ sandelman.ottawa.on.ca>
To: No DMCA in Canada <canada-dmca-opponents (at) flora.org>
Date: Wed, 19 Dec 2001 19:45:27 -0500

>>>>> "mskala" == mskala  <mskala@ansuz.sooke.bc.ca> writes:
    mskala> That said, although fair use/fair dealing are not rights, they do
    mskala> exist because of the Constitutionally protected rights of free
    mskala> speech (U.S.) and free expression (Canada).  Without fair
    mskala> use/fair dealing, we'd have to throw out copyright laws as not
    mskala> Constitutional - especially in Canada, where there isn't a
    mskala> specific Constitutional power for the government to legislate on
    mskala> copyright at all.  (The U.S. Congress does have such a power,
    mskala> which must then be balanced against the First Amendment; we have
    mskala> free expression in the Canadian Constitution, but no intellectual
    mskala> property.)  Copyright laws are Constitutional only because of the
    mskala> fair use/fair dealing defenses; without those, the laws would
    mskala> have to go.
  
  This suggests that this requirement on copyright laws must be made explicit
somehow. I.e. with a ruling of some kind.

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