On Copyright and Social Policy

This paper advocates for a view of copyright not as economic incentive or reward, but as a critical piece of a broader social policy, the goal of which is to help build a just and inclusive society. Copyright can play an important role in helping build such a society, in that the exclusive rights granted to creators under copyright legislation, as well as the limits placed on those rights, can be structured in ways that help advance this goal. However, copyright alone can only do so much. In seeking to build a just and inclusive society, copyright must be embedded within, and seen as part of, a broader system of supports, incentives, and social programs focused on justice and inclusion. This paper will identify several ways in which the current Canadian copyright regime is in tension with the goal of building a just and inclusive society. It will then highlight a number of supports, incentives, and programs that together with copyright can help make our society more just and inclusive. In particular, it will emphasize the important role played by libraries in seeking to build a society in which everyone has the opportunity to learn, create, and communicate in ways that are consistent with one’s own cultural and legal traditions, and in an environment that is safe and secure.

[Special Issue - ABC Copyright Conference Proceedings]