copyright reform Archives

Canadian consultation on the implications of GenAI for copyright.

The Department of Innovation, Science and Economic Development Canada (ISED) and the Department of Heritage just launched a Consultation on the implications of generative artificial intelligence for copyright.

The press release announcing the consultation gave this reason for the consultation.

The Government of Canada is committed to ensuring that Canada’s legislative frameworks remain responsive to modern realities. That is why the government proposed the Artificial Intelligence and Data Act, as part of Bill C-27, and continues to consider how other legislative frameworks may need to be updated to address the changing technological landscape, including the rapid advancement of artificial intelligence (AI) technologies.

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Copyright amendments in budget 2022

The budget revealed several initiates to amend the Copyright Act. Specifically, the budget reveals the government’s intention to amend the Copyright Act to implement Canada’s term extension obligations under the CUSMA and to ensure fair remuneration for copying in the educational sector.

Here is what the government has planned.

In Budget 2022, the government proposes to introduce amendments to the Copyright Act to extend the general term of copyright protection from 50 to 70 years after the life of the author as agreed under the Canada-United States-Mexico Agreement.

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Developments in computer, Internet and e-commerce law: the year in review (2018-2019)

I gave my annual presentation yesterday to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2018 to June 2019. The developments include cases from Canada, the U.S. the U.K., EU, Australia, South Africa, India and other countries.

The developments are organized into the broad topics of:

Privacy / Big Data / AI
Employee / HR
E-commerce / Online Agreements
Online Remedies / Governance / Jurisdiction
Copyright

The cases and other documents referred to are below.…

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Shifting Paradigms: the Heritage Committee study on copyright

Earlier this week the Standing Committee on Canadian Heritage released its report Shifting Paradigms. The Committee studied remuneration models for artists and the creative industries including the challenges and opportunities for creators. The Committee found several major themes that connected testimony throughout the study:

the increasing value gap (a disparity between the value of creative content enjoyed by consumers and the revenues that are received by artists and the creative industries)
the decline in the artistic middle class
the negative impact of technology on creative industries, and
changes in consumer culture and the Indigenous perspective on copyright

The Committee’s conclusions were no surprise to people working in the creative industries.…

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Norms for copyright reform: my submission to the INDU Committee

Here is my submission to the INDU Committee conducting the s.92 review of the Copyright Act. It is based on my remarks made to the Committee when I appeared before it on December 3, 2018. My remarks to the Committee and answers to questions can be accessed on Parvu.

I am a Senior Partner in the technology law group of McCarthy Tétrault. I have represented members of the creative industries, intermediaries and users. I also teach intellectual property law at Osgoode Hall Law School and have published books including on copyright and Internet law.…

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CRTC punts FairPlay site blocking proposal to Parliament

In a decision that can only be regarded as a major blow to Canadian creators and distributors of copyright materials, the CRTC today, in Telecom Decision CRTC 2018-384, dismissed FairPlay Canada’s application to establish a site blocking regime to combat the scourge of online piracy.

The CRTC dismissed the application on jurisdictional grounds, but not before making the express finding that the record before it “demonstrates that there is evidence that copyright piracy results in harm to the Canadian broadcasting system and to the economy in general”.…

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Copyright Board harmonization good policy

The Hill Times published my Op-ed “Copyright Board harmonization good policy” earlier today. The unedited version with endnote references is below.

Everyone agrees that the Copyright Board needs fixing. A Senate Committee recommended a full review in 2016. The Government acted on the recommendation by convening a public consultation and received numerous submissions.

One of the Government’s options to make the Board more effective is to harmonize the availability of statutory damages so they are available to all creators represented by collectives and not only those represented by the performing rights societies SOCAN and Re:Sound.…

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Canadian government response to copyright and digital policy issues

The Internet and other digital technologies are transforming the everyday lives of all Canadians. The pace of change requires our legislative frameworks to be continually reviewed and adapted to these changing needs. The current government is tackling these challenges on numerous fronts including most recently in respect of copyright, anti-spam law (CASL), and privacy.

Copyright

The government has now started its mandatory review of the Copyright Act. The review was proceeded by a letter from Minister Bains and Heritage Minister Joly, both of whom share the copyright file, which provided some guidance to the INDU Committee.…

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Globe and Mail editorial attacks on Canadian creators and broadcasters: what’s up with the Globe?

There was a time you could count on The Globe and Mail to support the Canadian cultural industries and to favour legal frameworks designed to strengthen them. You could also count on the Globe not to be soft on content theft by commercial pirates that harm Canadian businesses and impede their ability to innovate. Recently, however, the Globe has taken one-sided positions opposite the creative community. Worse, it has taken these positions relying on inadequate research and supporting them with inaccurate factual assertions, in some cases by relying on writings of anti-copyright activist Michael Geist.…

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Norwich orders: who pays under the notice and notice regime? Voltage v Doe

ISP are often ordered to disclose subscriber information to copyright holders seeking to vindicate their rights. Prior to the Copyright Modernization Act, ISPs were entitled to be paid reasonable compensation for compiling and disclosing the information. In an important ruling yesterday in Voltage Pictures, LLC v Joe Doe #1 2017 FCA 97, the Federal Court of Appeal ruled that the notice and notice regime established under the CMA changed the law. According to the Court, ISPs are now expected to retain and verify subscriber information without payment of any fees.…

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