Skip to main content
Contribution to Book
Copyright in the Public Interest: Canada’s Perceptual Disability Framework
Articles, Book Chapters, & Popular Press
  • Anthony D Rosborough, European University Institute
  • Lucie Guibault, Dalhousie University Schulich School of Law
Document Type
Book Chapter
Publication Date
1-1-2020
Keywords
  • Copyright,
  • Perceptual Disability,
  • Exceptions,
  • Fair Dealing,
  • Canada,
  • Marrakesh Treaty,
  • 3D Printing
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 defense 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.

Citation Information
Anthony D Rosborough & Lucie Guibault, "Copyright in the Public Interest: Canada’s Perceptual Disability Framework" in Jani McCutcheon & Ana Ramalho, eds, International Perspectives on Disability Exceptions in Copyright Law and the Visual Arts (New York: Routledge, 2020) ch 12.