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Article
Recognizing the Relevance of Human Rights: The Application of the Presumption of Conformity in the Context of Copyright
Intellectual Property Journal
  • Graham Reynolds, Allard School of Law at the University of British Columbia
Faculty Author Type
Current Faculty [Graham Reynolds]
Document Type
Article
Publication Date
1-1-2018
Subjects
  • Human Rights,
  • Presumption of Conformity,
  • Copyright
Abstract

This article discusses the application of the presumption of conformity with international law in the context of copyright. Although Canadian courts have applied the presumption of conformity in a number of copyright cases, no Canadian court has explicitly considered, under the presumption of conformity, whether interpretations of provisions of the Copyright Act are consistent with, or reflect the values and principles of, international human rights treaties that Canada has signed and ratified. In this article, I will argue that Canadian courts applying the presumption of conformity in the context of copyright should do so with reference to Canada’s obligations under international human rights treaties as well as its obligations under international intellectual property rights agreements. Using fair dealing as my illustrative example, I will offer some preliminary reflections on the impact of applying the presumption of conformity in the context of copyright with reference to Canada’s human rights obligations.

Citation Information
Graham Reynolds, "Recognizing the Relevance of Human Rights: The Application of the Presumption of Conformity in the Context of Copyright" (2018) 31 IPJ 63.