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Gervais, Daniel J. --- "A Uniquely Canadian Institution: The Copyright Board of Canada" [2008] ELECD 370; in Gendreau, Ysolde (ed), "An Emerging Intellectual Property Paradigm" (Edward Elgar Publishing, 2008)

Book Title: An Emerging Intellectual Property Paradigm

Editor(s): Gendreau, Ysolde

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847205971

Section: Chapter 9

Section Title: A Uniquely Canadian Institution: The Copyright Board of Canada

Author(s): Gervais, Daniel J.

Number of pages: 28

Extract:

9. A uniquely Canadian institution: the
Copyright Board of Canada
Daniel J. Gervais1
What is uniquely Canadian? I first should apologize for putting the question
so directly. I do not ask this question to fill the reader's mind with images of
the Rockies, canoes, Niagara Falls, Pier 21 in Halifax, igloos, old Quebec City
or Prairie skies.2 Nor does this chapter argue that the Copyright Board of
Canada should have made the list. Still, according to experts,3 Canadian
uniqueness is a secret blend of efficiency, inexpensive clothes, and friendli-
ness. Canadians are also law-abiding, and have a noted penchant for compro-
mise and self-criticism.4 Arguably, there is no better environment to develop
the best possible copyright regulatory scheme, especially with subfreezing
temperatures helping cooler heads prevail.5 Perhaps it's not a wonder, but this
chapter will suggest that the Copyright Board is uniquely Canadian.



1 The author wishes to acknowledge the assistance and contribution of Mario
Bouchard, Esq., General Counsel, Copyright Board of Canada, for his many helpful
suggestions. However, the views expressed are the author's own, as are any mistakes
or omissions. The author wishes to acknowledge the financial contribution of Bell
University Labs and the Social Sciences and Humanities Research Council of Canada
(SSHRC).
2 Unofficially, the seven wonders of Canada. See wonders/>.
3 Will Ferguson & Ian Ferguson, How to be Canadian (Vancouver: Douglas &
McIntyre, 2001).
4 As illustrated by a recent report by the ...