tag:blogger.com,1999:blog-20803105.post5442707831446539556..comments2024-03-23T13:09:54.464-04:00Comments on EXCESS COPYRIGHT: Parody Defence Not Available according to BC CourtHoward Knopfhttp://www.blogger.com/profile/18321190334597129416noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-20803105.post-47773297938227568912008-12-12T19:32:00.000-05:002008-12-12T19:32:00.000-05:00Thanks, Pina. I've posted a reply that was too lon...Thanks, Pina. I've posted a reply that was too long for a comment here:<BR/><BR/>http://excesscopyright.blogspot.com/2008/12/more-on-satire-and-parody-and-need-for.html<BR/><BR/>HowardHoward Knopfhttps://www.blogger.com/profile/18321190334597129416noreply@blogger.comtag:blogger.com,1999:blog-20803105.post-30924605145843782912008-12-12T15:31:00.000-05:002008-12-12T15:31:00.000-05:00Despite my collegial invitation to Howard Knopf to...Despite my collegial invitation to Howard Knopf to share with me any comments that he might have had on my report, I’m afraid that he did not take me up on my offer and has now misunderstood my article and reflected this misinterpretation in his own publication. I hope this is a case where interested readers may go directly to the source and read my work for themselves. My peer-reviewed article has been updated and published in the McGill Law Journal: http://www.iposgoode.ca/wp-content/uploads/2008/11/g-dagostino-healing-fair-dealing-mcgill-lj-2008.pdf (while indeed lengthy, the crux of it is summarized in the abstract). <BR/><BR/>In this paper I DO NOT make the argument that legislative intervention is not necessary. My article was on fair dealing generally and not on parody in particular. What I did argue is that irrespective of legislative intervention taken or not taken, it is crucial to begin to think beyond just legal reform. Best practices should be developed from the ground-up to clarify fair dealing practices for all, especially the user and creator communities. As Professor David Vaver maintains if the laws do not “sing” and are not clear to the public then what good are they? It is here where US initiatives, namely led by Professor Peter Jaszi and colleagues should be emulated. I fully endorse these best practices or guidelines developed from the grass-roots. Among the various benefits, these efforts can help ease access to justice issues where often only the richer claimants can litigate their cases in order to get clarity in the law, if any. In Canada, I understand that the University of Ottawa is leading the way with respect to documentary film-makers and I believe this to be the way forward -- especially now I might add, given our current economic downturn where copyright issues may not be at the fore of government priorities. <BR/><BR/>Giuseppina D’AgostinoAnonymousnoreply@blogger.com