Copyright and IOT and AI

Copyright, AI and IOT: my submission to the consultationCopyright, AI and IOT: my submission to the consultation



Here is a copy of my submission to the copyright consultation on the implications of AI and IOT on copyright.

Thank you for providing an opportunity to provide input into the  Artificial Intelligence (AI) and the Internet of Things (IOT) copyright consultation.

The copyright consultation raises important issues. The government should be cautious before making any amendments to the Copyright Act given the complexity of the issues and the difficulty in assessing how the changes would work in practice.

Background

I am Senior counsel in the Technology Law Group of McCarthy Tetrault LLP.

OSFI Advisory tightens technology and cyber security incident reporting requirementsOSFI Advisory tightens technology and cyber security incident reporting requirements



The Office of the Superintendent of Financial Institutions (OSFI) just released updated requirements governing how federally regulated financial institutions (FRFIs) should disclose and report technology and cyber security incidents to OSFI. The Advisory, which affects federally regulated banks, insurance companies, and credit unions, replaces the January 2019 Cyber Security Incident Reporting Advisory, which came into effect in March 2019. With the simultaneous release of OSFI’s updated Cyber Security Self-Assessment, OSFI has considerably tightened its requirements demonstrating an increasing concern with the potential impacts of cybersecurity on the financial system and on individual financial institutions.…

Fair dealing

Certified tariffs not mandatory says SCOC in York v Access Copyright Certified tariffs not mandatory says SCOC in York v Access Copyright 



The Supreme Court released another landmark copyright decision in York University v. Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32. The decision, affirmed the decision of the Court of Appeal that held that certified tariffs are not mandatory on users who refuse to accept them. In addition, the Court further developed its fair dealing framework adopted in CCH v Law Society (CCH),  Alberta (Education) and SOCAN v Bell Canada (SOCAN). In obiter dicta, the Court suggested that at the second stage of the fair dealing analysis where the allowable purpose is higher education, the purposes of both students and the educational institution should be taken into account rather than just the perspective of the university as the trial judge and the Court of Appeal had held.…

NFTs and intellectual property

Non-fungible tokens (NFTs) and intellectual property rightsNon-fungible tokens (NFTs) and intellectual property rights



I had the pleasure of speaking at a webinar organized by the Canadian Blockchain Consortium on the topic of The Regulatory and Legal implications of NFTs. My focus was on non-fungible tokens (or NFTs) and intellectual property rights. Below are my speaking notes which set out my views on whether all the claims about NFTs are true, whether NFTs verify the authenticity of physical or digital assets, what do people buy when the acquire NFTs and what can they do with them, and do creators, sellers and buyers of NFTs need to worry about intellectual property issues.

Copyright blocking orders

Modern Copyright Framework for Online Intermediaries: my submission to the consultationModern Copyright Framework for Online Intermediaries: my submission to the consultation



blocking orders

Blocking orders available in Canada rules Court of Appeal in GoldTV caseBlocking orders available in Canada rules Court of Appeal in GoldTV case



In a landmark decision released by the Federal Court of Appeal in Teksavvy Solutions Inc. v. Bell Media Inc. 2021 FCA 100, the Court affirmed the blocking order made against the pirate streaming service GoldTV and confirmed that blocking orders are available in Canada to combat illicit online services that target the Canadian market with infringing copyright content. I previously summarized the decision of the motion court judge Patrick Gleeson whose decision was at issue in the appeal.

The decision of the Court of Appeal dealt with three broad issues: whether the Federal Court had the power to grant a blocking order; if so, the relevance of freedom of expression; and whether the order was just and equitable.…

automated decision making

Using privacy laws to regulate automated decision makingUsing privacy laws to regulate automated decision making



Making decisions about individuals using computers and computer algorithms is now commonplace. There are now also increasing proposals to use privacy laws to regulate automated decision making. One of the first explicit attempts to regulate automated decision-making using privacy laws is the European Union General Data Protection Regulation (GDPR).  More recently (and locally), both the Consumer Privacy Protection Act (CPPA), Canada’s proposed controversial new privacy law, and Bill 64, Quebec’s proposed privacy amendments, would enact new transparency and explainability obligations for automated decision making.…

CPPA: summary and criticismsCPPA: summary and criticisms



Canada’s new proposed privacy law, the CPPA, would be a major overhaul of PIPEDA. The draft law is designed to deal with new challenges of protecting personal information arising from major increases in the collection, use and disclosure of personal information and it uses in AI systems, IOT, big data analytics, and as part of many other technologies and processes. While the law is intended to balance the interests of individuals in their reasonable expectations of privacy and the legitimate interests of organizations, it falls short in many ways.…

Budget 2021 data and intellectual propertyBudget 2021 data and intellectual property



Federal Budget 2021 released earlier today has a few notable proposed expenditures in the areas of data and intellectual property.

The budget proposes a new “Data Commissioner”. This role “would inform government and business approaches to data-driven issues to help protect people’s personal data and to encourage innovation in the digital marketplace”. Budget 2021 proposes to provide $17.6 million over five years and $3.4 million per year ongoing, to create a Data Commissioner. It also proposes to provide $8.4 million over five years and $2.3 million ongoing, to the Standards Council of Canada to continue its work to advance industry-wide data governance standards.…

copyright update

Copyright Potpourri 2020-2021: my ALAI Canada presentationCopyright Potpourri 2020-2021: my ALAI Canada presentation



I had the pleasure of speaking earlier today at an ALAI Canada meeting to give a copyright law update for 2020-2021. The title of my talk was Copyright Potpourri. The cases canvassed were:

York University v. Canadian Copyright Licensing Agency, 2020 FCA 77

York University, et al. v. Canadian Copyright Licensing Agency, SCC Docket 39222

Bell Media Inc. v. GoldTV.Biz, 2019 FC 1432

TEKSAVVY SOLUTIONS INC. v. BELL MEDIA INC., ET AL Appeal (Copyright Act, FCA A-440-19

Entertainment Software Assoc.