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Contribution to Book
COPYRIGHT IN THE PUBLIC INTEREST: CANADA’S PERCEPTUAL DISABILITY FRAMEWORK
International Perspectives on Disability Exceptions in Copyright Law and the Visual Arts (2020)
  • Lucie Guibault, Dalhousie University Schulich School of Law
  • Anthony Rosborough, Dalhousie University Schulich School of Law
Abstract
This chapter explores the lawfulness, under the current Canadian copyright regime, of making and displaying of 3D reproductions of works of visual art for the benefit of persons with disabilities. For the purposes of this chapter, the authors posit that such reproductions would typically be performed either by a person with a disability or, more likely, by a museum, art gallery or other third party on behalf of such persons. Since this issue has yet to be examined by the courts, any assessment remains speculative. The creation and public exhibition of a three-dimensional reproduction of visual art would undoubtedly impact the rights granted under the Copyright Act. Nevertheless, the authors believe that non-profit organisations such as a museum would probably be able to invoke two mechanisms: the defence of fair dealing for the purpose of research and private study; or the application of the statutory exception for the benefit of persons with perceptual disabilities. The authors propose that this interpretation of Canada’s Copyright Act gives the greatest meaning to the country’s ambition to create an inclusive society for persons with disabilities, which includes their participation in cultural and artistic life.
Keywords
  • Copyright,
  • Exceptions,
  • Perceptual Disability,
  • Canada,
  • 3D printing
Disciplines
Publication Date
2020
Editor
Jani McCutcheon and A. Ramalho
Publisher
Routledge
ISBN
9780367359300
Citation Information
Lucie Guibault and Anthony Rosborough. "COPYRIGHT IN THE PUBLIC INTEREST: CANADA’S PERCEPTUAL DISABILITY FRAMEWORK" International Perspectives on Disability Exceptions in Copyright Law and the Visual Arts (2020)
Available at: http://works.bepress.com/lucie-guibault/23/