Author: Barry Sookman

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.

Computer and Internet Weekly Updates for 2021-09-18Computer and Internet Weekly Updates for 2021-09-18



Computer and Internet Weekly Updates for 2021-09-11Computer and Internet Weekly Updates for 2021-09-11



Computer and Internet Weekly Updates for 2021-09-04Computer and Internet Weekly Updates for 2021-09-04



Computer and Internet Weekly Updates for 2021-08-28Computer and Internet Weekly Updates for 2021-08-28



Computer and Internet Weekly Updates for 2021-08-21Computer and Internet Weekly Updates for 2021-08-21



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.…

Computer and Internet Weekly Updates for 2021-08-14Computer and Internet Weekly Updates for 2021-08-14



Computer and Internet Weekly Updates for 2021-08-07Computer and Internet Weekly Updates for 2021-08-07



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.…