Book Review: For the Encouragement of Learning: The Origins of Canadian Copyright Law

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

For the Encouragement of Learning: The Origins of Canadian Copyright Law. By Myra Tawfik. Toronto: University of Toronto Press, 2023. 408 p. Includes bibliographic references and index. ISBN 9781487545246 (hardcover) $90.00; ISBN 9781487545253 (ePUB) $90.00; ISBN 9781487545260 (PDF) $90.00.

Reviewed by Katarina Daniels
Research Lawyer, Library Services Lead
Davies Ward Phillips & Vineberg LLP

Myra Tawfik’s For the Encouragement of Learning: The Origins of Canadian Copyright Law offers a meticulously researched and compelling exploration into the historical foundations of Canadian copyright policy. Written with a deep understanding of intellectual property law and the broader socio-cultural, geopolitical, and imperial contexts in which it developed, the book is an invaluable resource for legal scholars, historians, policymakers, and law librarians looking to better understand copyright policy. Additionally, in the context of renewed interest in copyright laws due to numerous lawsuits filed against generative AI companies, the text will also be of interest to practitioners.

At the heart of Tawfik’s work is the argument that Canadian copyright policy has been deeply intertwined with the promotion of learning and education since its inception, as opposed to being rooted in the protection of authorial property, including authors’ economic and reputational interests. In the first seven chapters, Tawfik introduces key players in the academic, publishing, and political spheres who played roles in the development of Lower Canada’s 1832 Copyright Act, the first “Canadian” copyright law. These chapters detail the roles, influences, and motivations of each of these figures in promoting the mass production of educational material to foster a literate and educated population.

The final three chapters examine the evolution of Canadian copyright policy in the face of increasing British interference and the looming reality of Canadian Confederation. In these chapters, Tawfik examines the pushback against the U.K.’s 1842 Copyright Act, the nature of copyright registrations in the Province of Canada, and the protectionist approaches to printing and publishing that shaped Canada’s post-Confederation copyright policy. Throughout the book, but particularly in these later chapters, Tawfik highlights the relationship between copyright policy and the development of a national cultural identity.

Tawfik’s extensive use of primary sources and detailed footnotes offer a treasure trove of resources for further exploration. For those interested in delving deeper into the subject, the footnotes alone are worth the price of admission, guiding readers to a wealth of archival material. Tawfik’s decision to present French language quotations in their original form, with translations provided in the footnotes, is a notable and commendable choice that preserves the authenticity of the sources.

Despite the academic rigor underpinning the book, For the Encouragement of Learning is far from a dry legal treatise. Tawfik’s engaging narrative style makes complex legal history accessible to a broader audience. She weaves together stories of early Canadian policymakers, American and British influences, and the development of a Canadian cultural identity, creating a narrative that is as informative as it is engaging. This storytelling approach makes the book a pleasure to read, even for those who may not be specialists in copyright law or in Canadian history.

Over the past two years, the explosion of generative AI tools has sparked further discussions about the nature and purposes of copyright law. Numerous complaints, for example, have been filed against AI companies for allegedly training their models on copyrighted material. In this context, with the increased interest in copyright policy, including public consultations launched by several copyright bodies around the world, Tawfik’s work is particularly timely. By tracing the origins of Canadian copyright law and its foundational goals of promoting learning and education, Tawfik provides crucial context for these modern debates.