CC-BY-SA 4.0 2021 Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic

In fact, during the development of copyright in the United Kingdom, a proposal for a perpetual copyright was described as “a tax on readers for the purposes of giving bounty to writers”.1 At the international level, there has been a similar attempt to extend the length of the copyright term from the early days of the Berne Convention leading to the now standardized term of life of the author + 50. [...] The Importance of the Public Domain Copyright and the public domain share a symbiotic relationship.9 Professor Carys Craig has argued that the public domain must reflect and protect the “dialogic processes of culture in the face of increasingly restrictive intellectual property.”10 The public domain is central to modern copyright policy: it provides the space from which authors draw the incentives. [...] A consortium of libraries and similar associations submitted a brief as amici curiae to the Supreme Court of the United States in the case Eldred v Ashcroft, considering the constitutionality of term extension legislation.54 The brief argued that the exceptions within the extension legislation were ambiguous and prevented a meaningful mitigation of the risks associated with term extension. [...] The extension of the term of protection in the late 20th century revived the copyright in the works of literary greats like James Joyce.72 Joyce’s Estate has led a continued legal battle to control the use of the now re-protected works—some have observed that moral and economic rights have used to censor interpretations of Joyce’s life and work.73 The most dramatic of which arose in 2004 at Rejoyc. [...] The foreign national must not be treated differently than the nationals of the country.93 Specifically, one must consider the effective equality of opportunities between the host country’s nationals and those of the other member states.94 In the leading case where the United States disputed a regulation undertaken by the European Communities, the panel concluded that since the EC delegated an appl.