This paper compares and contrasts the purpose of copyright protection in both the Hashemite Kingdom of Jordan (“Jordan”) and Canada and the impact of such purpose on the equity of both systems. The paper argues that a just copyright model can only be found where copyright protection is provided according to the principle of “balance”, a human rights-related principle that equally considers the interests of authors to receive a just reward for the products of their intellect and the interests of the public in accessing and laboring upon those products. The paper further argues that this principle is not well acknowledged
in Jordan, for the second element thereto-the public users- is not placed on the general agenda of the Jordanian copyright policy maker, and has been replaced with the goal of luring Foreign Direct Investment (“FDI”) to the country through excessive copyright protection.
The practical divergence of the Jordanian copyright law from balance is also inferred from the Jordanian Copyright Law’s rejection of the first sale doctrine and adoption of anti-circumvention provisions. The Canadian copyright law, on the other hand, deals with these three issues oppositely. More importantly, balance is the sole purpose of the Canadian Copyright Act as interpreted by the Supreme Court of Canada. In conclusion, the paper recommends that the Jordanian Copyright Law reconsider its purpose for providing copyright protection and provide it according to the principle of balance in order to acquire its equity and comply with the international human rights law |