Thursday June 20th, 9:15 AM ADT

Headshot of Dave Hansen

The Future of Controlled Digital Lending

Through the pandemic, controlled digital lending (CDL) emerged as a legal lifeline for libraries seeking to provide access to their collections remotely. Since then, in both the US and Canada, CDL has continued to drive innovation in library access.

Dave Hansen, Executive Director of Authors Alliance and co-author of the US position statement and legal white paper on controlled digital lending, will explain the most recent developments in the pivotal Hachette v. Internet Archive fair use case and offer points of comparison and contrast with CDL under fair dealing in Canada.

Speaker Bio

Dave Hansen is the Executive Director of Authors Alliance, where he works to support authors on information law and policy issues, with a particular focus on how to help maximize the reach and impact of their work to benefit the public. Prior to joining the Authors Alliance, Dave was an Associate University Librarian and Lead for Copyright & Information Policy at Duke University Libraries, where he was responsible for core research and collections support for faculty and students. He has extensive experience teaching and advising researchers, publishers, and librarians on copyright, fair use, and authors rights. He has also held academic positions at UNC Chapel Hill School of Law and UC Berkeley School of Law. Dave holds a JD and MSLS from UNC Chapel Hill. 

Mid – COnference

Friday, June 21st, 9:00 AM ADT

CCH 2004-2024, Fair dealing, TPMs, Contract Overridability, and…AI: Where do we go from here?

Twenty years ago, the Supreme Court declared in CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13, that fair dealing and other exceptions to copyright infringement are not mere loopholes in the Copyright Act, they are user rights. What is CCH’s impact and legacy on user rights two decades later? Answering these questions requires a look into the interaction between user rights and technological protection measures (“TPMs”), (non)overridability by contract, and into the latest “stress test” to user rights brought on by AI. Is fair dealing as legal framework robust enough? And for which case/situation? These are some of the questions that Pascale Chapdelaine will explore in her presentation.

Speaker Bio

She holds an LL.B. and B.C.L. from Mc Gill University, an LL.M from the K.U. Leuven (Belgium), and a Ph.D. from Osgoode Hall Law School (York University). Prior to joining the Faculty of Law in 2014, she practised law for over fourteen years in corporate, commercial, and intellectual property law as Vice-President and legal counsel at one of Canada’s largest telecommunication companies, and prior to that, as Associate at a major Montréal-based law firm.

Her broad research interests in law, technology, and society span various subjects at the intersection of copyright, contracts, property, privacy law, e-commerce, from the perspective of consumers and citizens. Her book Copyright User Rights, Contracts and the Erosion of Property (Oxford University Press, 2017) defines the rights of consumers and other users to works protected by copyright (e.g. books, software, music, films) in ever changing technological environments. Some of her more recent research looks at algorithmic business practices and extraction of personal data, and how this leads to price and other forms of personalisation or discrimination in e-commerce, media content, and social media. Her articles have appeared in leading national and international law journals. She is the lead editor of a recent interdisciplinary special issue on the application of media and communication theory to the regulation of the networked information society. Professor Chapdelaine frequently takes part in various law reform consultations related to her research and expertise.

Professor Chapdelaine teaches contracts, copyright law, privacy law, and consumer law, courses in which she integrates both her academic research and years of law practice experience. She invites students to think critically about law from various theoretical frameworks and perspectives. She has held several teaching and fellowship appointments at international institutions, including the K.U. Leuven Faculty of Law (Belgium), the University of Oxford, Faculty of Law (OIPRC, St-Peter’s College), the Faculty of Law at the University of Toronto, the Faculty of Law at the University of Otago (New Zealand), and the Weizenbaum Institute for the Networked Society (Germany).

Pascale Chapdelaine is Co-Founder and Director of Windsor Law LTEC Lab ( In her current role, she co-organizes several symposia, workshops, and research networks that bring together scholars of various disciplines, law practitioners, policy makers and students to discuss pressing regulatory issues around technological developments from an access to justice / law and society perspective. She is a Research Affiliate of IP Osgoode and is a member of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP). She is called to the Bar of Ontario and le Barreau du Québec.

Sa langue maternelle est le français et elle parle aussi couramment le néerlandais (Dutch).

Headshot of Pascale Chapdelaine


Friday, June 21st, 4:00 PM ADT

Headshot of Dr. Graham J. Reynolds

On Copyright, Social Policy, and Libraries

This talk will begin by advocating 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 building 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 talk will identify several ways in which the current Canadian copyright regime is in tension with the goal of building a just and inclusive society, and will propose reforms that would help align Canadian copyright law to this broader social policy. 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 and librarians 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.

Speaker Bio

Dr. Graham J. Reynolds teaches and researches in the areas of copyright law, intellectual property law, property law, intellectual property and human rights, and technology and access to justice. His current research focus is the intersection of intellectual property and human rights, as well as the relationship between intellectual property and social justice.

Before joining the Allard School of Law, Graham was a member of faculty at Dalhousie University’s Schulich School of Law, where he was the Co-Editor in Chief of the Canadian Journal of Law and Technology and served as a member of the Schulich School of Law’s Law and Technology Institute. Graham also previously served as the judicial law clerk to the Honourable Chief Justice Finch of the British Columbia Court of Appeal.

Graham completed his graduate studies at the University of Oxford, where he studied on a Rhodes Scholarship, a Pierre Elliott Trudeau Scholarship, and a Social Sciences and Humanities Research Council of Canada Doctoral Award. Graham’s doctoral thesis focused on the intersection of freedom of expression and copyright in Canada.

Graham is a recipient of multiple teaching awards, including a UBC Killam Teaching Prize as well as the Allard School of Law’s annual teaching award, the George Curtis Memorial Award for Teaching Excellence.

Among other research affiliations, Graham is currently a Research Fellow of the Oxford Intellectual Property Research Centre at the University of Oxford. He has also been a visiting professor at the University of Bern in Switzerland.