Théberge Two Decades Later: How the Concept of “Balance” Continues to Shape Copyright Law in Canada

ABOUT THE PROGRAM:

It has been nearly 20 years since the Supreme Court decision in Théberge, which described the Copyright Act as “a balance between promoting the public interest in the encouragement and dissemination of works of the arts and intellect and obtaining a just reward for the creator,” and nearly a decade since the Copyright Modernization Act was enacted to launch Canadian copyright law into the digital age.

Join our panel members for a discussion regarding the concept of balance in Canadian copyright law, including:

• Should copyright be balanced in Canada? If so, is copyright balanced?
• Theory and practice: What does balance mean and what role does it play?
• Examining the legal issues in which balance has played a role, from the dissemination of works and other subject matter on the Internet to fair dealing to Crown Copyright and more;
• A balanced future: Looking ahead to how balance might continue to shape copyright law in the future; and
• Finding your balance: Practical tips and tricks for managing a practice and building bridges in view of an evolving legal and technological landscape.

SPEAKERS:

 Kelsey McLaren, Senior Director, Regulatory & Copyright, Canadian Media Producers Association
On behalf of the CMPA, Kelsey advocates for the interests of Canada’s English-language independent producers with the CRTC, the administrative body that regulates and supervises Canadian broadcasting and telecommunications, as well as the Federal Government on broadcasting and copyright policy matters. She also leads the CMPA’s copyright litigation files.
Prior to joining the CMPA, Kelsey worked for a large Canadian communications company, where she advised on regulatory and copyright tariff issues for the company’s television and radio stations and managed CRTC broadcasting applications and interventions. Kelsey began her legal career with a private firm in Halifax, where she gained experience in a number of practice areas, including labour, administrative, criminal, municipal, and entertainment law.
She obtained her J.D. from the Schulich School of Law at Dalhousie University, and received an Honours B.A. in English literature with a creative writing thesis from McGill University. She was called to the Bar of Nova Scotia in 2012 and Ontario in 2014.

Janet N. Chong, Legal Counsel, SOCAN
Janet joined SOCAN as Legal Counsel in 2018, and her portfolio currently ranges from music licensing, general corporate and commercial matters, to tariff proceedings before the Copyright Board of Canada and copyright and tariff enforcement litigation across the country. Prior to joining SOCAN, Janet practised intellectual property law at Osler, Hoskin & Harcourt LLP, with particular focus on litigation, trademark law and copyright law, and represented numerous domestic and international clients in IP disputes and advised on strategy in contentious matters. She also counselled clients on the acquisition and commercialization of IP rights and provided expert advice in M&As and commercial lending transactions.

Prof. Giuseppina D’Agostino (Moderator), Osgoode Hall Law School
Prof Pina D’Agostino is a law professor, lawyer and recognized international scholar at Osgoode Hall Law School, York University specializing in intellectual property, technology and innovation law and policy. Prof D’Agostino is regularly called by Canadian and foreign governments for advice, is a widely published author and a cited authority at the Supreme Court of Canada and in various media. She brings her creativity and passion to her role as Founder and Director of IP Osgoode, the IP Intensive, and the Innovation Clinic, the first legal clinic of its kind helping inventors and start-ups. She was an Associate for a large Toronto firm and recruited into the Canadian Government by the Recruitment of Policy Leaders as a Senior Policy Analyst working on copyright policy. She serves on the Board of Directors of Alectra Inc. and Chairs its new GRE&T Centre advancing innovation and sustainable energy solutions. Prof D’Agostino has a Masters and Doctorate in Law (University of Oxford) specializing in copyright law, an LLB (Osgoode Hall Law School) and is a member of the Law Society of Ontario, a Senior Fellow at the Centre for International Governance Innovation (CIGI), Co-Chair of the York University AI & Society Task Force, and appointed to the City of Vaughan Smart City Task Force. Prof D’Agostino is the recipient of various grants, honours and awards and is currently working on two books in the areas of copyright, AI and technology, innovation law and policy and works tirelessly to advance women’s and more diverse voices in the intellectual property and innovation landscape. Her two books, Copyright, Contract, Creators: New Media, New Rules and The Common Law of Intellectual Property: Essays in Honour of Professor David Vaver are widely available.

COST:

CLE CREDIT:

Ontario Attorneys must self-report substantive credit hours. The Copyright Society is a Certified CLE Provider in New York and California. Program will satisfy 1.5 NY CLE credits and 1.5 CA participatory CLE credits. The intermediate program is transitional and appropriate for both newly admitted and experienced attorneys.

Instructions for verifying attendance will be emailed to registrants prior to the program.