WHAT ANNA KARENINA MIGHT HAVE SAID ABOUTCOPYRIGHT QUALIFICATIONS UNDER CANADIAN LAW

摘要

The tensions which challenge creator-user relationships are discrete, universal and timeless. Disputes concerning "use" are generally fact spe-cific; all the more so when creation is the object of the alleged "mis-use." Resolution of disputes relating to copyright, whether defended on the ba-sis of fair dealing or another qualification, accordingly warrant context-specific analysis. Culling from the conceptual framework of other Cana-dian intellectual property statutes may be beneficial, as "use" is a concept which cuts across patents, trade-marks, copyright and industrial designs. While avoidance of duplicate forms of protection is increasingly gaining attention to confine the scope of proprietary rights, culling from other forms of intellectual property proves informative. Availability of multiple interpretative tools is helpful to direct analysis toward factual context. This is because happy creator/user relationships are alike but each un-happy creator/user relationship is unhappy in its own way.