With the global trend of harmonizing intellectual property rights, there is enormous pressure on Canada to adopt a maximalist approach to copyright protection. The purpose of this paper is to assess the constitutionality of the copyright extensions for sound recordings and performances found within the Economic Action Plan 2015 Act. Although Canadian courts have been reluctant in the past to consider the effects of copyright law on freedom of expression, the time is now ripe for the courts to assert their authority under the constitution. This paper demonstrates that copyright law is indeed in conflict with freedom of expression and that any time the legislature amends or imposes new burdens on expression, the government must justify those actions. In the case of the twenty-year term extension for sound recordings and performances, a constitutional analysis reveals that the law is disproportionate and cannot be saved under s.1 of the Charter.
展开▼
