Some anti-copyright critics compare the proposed copyright amendments in Bill C-32 with the copyright laws of the US to argue that Canadian copyright law with Bill C-32 passed would be more restrictive than in the US. International comparisons of copyright laws can be a very useful tool to gauge how Canadian laws stack up with international standards and norms. Regrettably, anti-copyright advocates often make their case by inaccurately and misleadingly describing US law to make it look more permissive than it is and by describing Bill C-32 in ways that makes it appear more restrictive than it is. This makes it difficult for the vast majority of the public to really assess Bill C-32 and to make properly informed judgements about it.
Archive for the ‘Fair Use’ category
Separating facts from hype about C-32
September 27th, 2010Toronto Star says proposed exception for education in C-32 needs rethinking
August 14th, 2010The Toronto Star published an editorial today on C-32. In it the Star expressed concern over the proposed inclusion of education as a new fair dealing allowable purpose exception. According to the Star:
Writers and publishers are worried that a broad interpretation of “education” could lead to rampant copying of textbooks, instructional manuals and even novels. Would a school board be allowed to buy just one copy of a new textbook and copy it for all its students? Would universities be allowed to copy bits and pieces of 20 different books to compile reading material on a certain subject for their students? Indeed, would a monthly book club be considered an “educational” activity and be allowed to copy novels on its reading list?
Posted in Copyright, Fair Dealing, Fair Use, c-32
MGE v GE-what did the 5th Circuit decide about the scope of the DMCA TPM provisions and was it right?
July 29th, 2010Last week, the US Court of Appeals for the 5th Circuit released a controversial decision interpreting Section 1201(a) of the DMCA in MGE UPS Inc v GE Consumer and Industrial, Inc. 2010 WL 2820006 (5th Cir.2010). Prof. Geist has suggested that the case decided that the “DMCA is limited to guarding access controls only to the extent that circumvention would violate the copyright rights of the copyright owner.” His summary of the case is neither accurate nor complete. Here’s why.
The MGE case
Developments in Computer, Internet and E-Commerce Law (2009-2010)
May 26th, 2010Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2009-2010). It covers significant developements since my talk last spring.
The slides include a summary of the following cases and statutory references:
Tercon Contractors Ltd. v. British Columbia, 2010 SCC 4
Internet Broadcasting Corporation Ltd. v Mar LLC [2009] EWHC 844 (Ch)
Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Sysytems Pty Ltd [2010] NSWSC 267 (9 April 2010)
Kingsway Hall Hotel Ltd. v Red Sky IT (Hounslow) Ltd. [2010] EWHC 965
Posted in Copyright, Criminal Law, E-commerce, Electronic Commerce Protection Act (ECPA), Fair Dealing, Fair Use, Fundamental breach, Google Book Scanning, Graduated Response, ISP Liability, IT Contracts, Limitations of liability, Patents, Piracy, Presentations, Privacy, Trade Marks, data protection, human rights, intellectual property, isohunt, p2p piracy
Tags: barry sookman computer law Copyright data protection ecommerce law internet law Privacy spam spyware toronto computer lawyers group presentation trademarks
Are internet previews of music a fair dealing under copyright?
May 17th, 2010Last week the Federal Court of Appeal released an important decision on the scope of the fair dealing exception in the judicial review in the SOCAN Tariff 22 case (2010 FCA 123). The issue before the Court was whether online music services have the benefit of the fair dealing exception in section 29 of the Copyright Act when they offer customers previews of music files of up to 30 seconds to help them select music to purchase. The Court, following the decision of the Copyright Board, ruled they do.
Posted in Copyright, Fair Dealing, Fair Use
Tags: barry sookman Copyright fair dealing Fair Use internet previews
Does Canada already have fair use?
March 22nd, 2010It is well accepted that Canada’s Copyright Act permits certain fair dealings with works.These dealings, known as allowable purposes, permit fair copying and other dealings for the purposes of research, private study, criticism, review, and news reporting, if certain conditions associated with the exceptions are met. These fair dealing exceptions operate differently from “fair use” in the United States. In that country the allowable purposes listed in the U.S. Copyright Act are non-exclusive, leaving it open to the courts to determine on a case by case basis whether a particular dealing is allowable and fair.
Posted in Copyright, Fair Dealing, Fair Use
Tags: barry sookman Copyright copyright reform fair dealing Fair Use
Should Canada adopt “fair use” as proposed by NDP MP Charlie Angus?
March 18th, 2010Earlier this week, Charlie Angus introduced an amendment to the Copyright Act to expand the fair dealing exemption to include, in essence, any fair use with a work. While the amendment would add only a few words to the Act, it would radically reshape the copyright balance in Canada-to the ultimate detriment of our Canadian cultural industries, those that work and depend on them, and the Canadian public as a whole.
Charlie Angus’ proposed amendment reads as follows:
Posted in Copyright, Fair Dealing, Fair Use
Tags: barry sookman charlie angus copyright reform fair dealing Fair Use
Reflections on the liberal roundtable on the digital economy
February 17th, 2010Last week, Liberal Industry critic Marc Garneau and Heritage critic Pablo Rodriguez hosted a roundtable on the digital economy in Ottawa. There were two panels. One was on our modern digital infrastructure. The other one was on copyright, broadcasting and the Internet. I participated in the copyright roundtable along with representatives from the ESAC, ACTRA, Rogers and Prof. Geist.
I commend Messrs. Garneau and Rodriguez for organizing this event. Developing a strategy for Canada’s digital future is a critical component of ensuring prosperity and opportunities for all Canadians.
How can copyright reform best balance the rights of creators, intermediaries and users?
February 11th, 2010Here is a digital version of the article published in the February issue of the CBA National magazine. The following question was posed to Prof. Geist and myself. My answer is set out below.
With a view to positioning Canada as a leader in the global digital economy, how can copyright reform best balance the rights of creators, intermediaries and users?
Copyright has become an emotional topic in Canada in which everyone has a stake. Authors’ livelihoods depend on it. Rights holders need clear, predictable, and fair rules that support creativity and innovation. The public needs access to books, music, art, software and other creative products, all of which are vital to our culture and values.
Canadian and international copyright-the year in review (2009) presentation for the LSUC
January 15th, 2010Here is a copy of my slides presented at the 14th Annual Law Society of Upper Canada Intellectual Property Law – The Year in Review conference. It covers the leading Canadian and international copyright cases for the 2009 year. It excludes decisions of the Copyright Board. These cases were dealt with by Mario Bouchard of the Copyright Board of Canada.
Posted in Copyright, Counterfeiting, Fair Dealing, Fair Use, Google Book Scanning, Piracy, Presentations
Tags: barry sookman
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