Digital technology: its impact on copyright law and practice in North America

Legal context. The effect of rapid technological change on copyrightlaw in Canada and the United States, and in particular on thebalance between creators' rights and users' rights. Key points. Copyright law involves a balance between the rightsof both creators and users. When initially faced with fast-evolvingdigital technology, the courts struggled with the balancingact and tipped it in favour of users' rights. The Supreme Courtof Canada elevated various exceptions to infringement to userrights, and cautioned against a low standard of originalitywhich would favour creators' rights. The US Court of Appealsremarked that introduction of new technology is disruptive tocopyright owners whose works are sold through traditional mechanisms;and others suggested that a bias in favour of owners rightsmay have well impeded the development of digital culture. Despitethe initial struggles, legislative changes, market forces andrecent deference by the courts to the balancing of various interests,have slowly restored the copyright balance, even when facedwith rapid technological change. Practical significance. Copyright litigants must give carefulconsideration to the balance between creators' and users' rights,and be prepared to justify traditional copyright protectionin fields of new technology.