Tag: copyright reform

Canadian government response to copyright and digital policy issuesCanadian 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.

Reimagining the Copyright Board – my ALAI presentationReimagining the Copyright Board – my ALAI presentation



I had the pleasure of attending ALAI’s symposium this week on The Copyright Board of Canada: Which Way Ahead. I was on a panel titled “Reimagining the Copyright Board” along with Ariel Katz, Howard Knopf, Adriane Porcin, and Judge David Strickler of the U.S. Copyright Royalty Board.

My slides from the talk are shown below.

Flexible exceptions to copyright have negative economic costs, says studyFlexible exceptions to copyright have negative economic costs, says study



For years, the Computer & Communications Industry Association (CCIA ), an organization that represents Google, Yahoo and other companies in the computer, Internet, information technology, and telecommunications industries, have advocated for broad copyright exceptions arguing that they substantially contribute to economic growth. In a series of studies culminating in a 2011 paper published by the CCIA titled Fair Use in the U.S. Economy, the claim was made that a group of identifiable industries called the “fair use industries” accounted, in 2008 and 2009, for an average of $4.6

Making European copyright fit for purpose in the age of the internetMaking European copyright fit for purpose in the age of the internet



Earlier this week Michael Barnier, a Member of the European Commission responsible for Internal Market and Services, gave a speech, Making European copyright fit for purpose in the age of internet. In it he discussed whether the EU legal framework related to copyright was “fit for the digital age”.  He said that although “it remains largely valid today”, it does require some recallibration so that it remains “a modern and effective tool”.

He outlined four principles to be kept in mind in formulating changes that may be necessary.

Change and the Copyright Modernization ActChange and the Copyright Modernization Act



Bill C-11, the Copyright Modernization Act, with a few exceptions, is now law with the publication of the Governor General Order in Council. The fourth attempt to amend the Copyright Act since 2005 succeeded where Bills C-60 (2005), C-61 (2008), and C-32 (2010) did not.

A lot has changed since 2005 when Bill C-60 was first introduced. That Bill would have made a limited, but important, set of amendments. Its summary reminds us that it would have amended the “Copyright Act to implement the provisions of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, to clarify the liability of network service providers, to facilitate technology-enhanced learning and interlibrary loans, and to update certain other provisions of the Act.” 

Copyright Modernization Act soon to be law in CanadaCopyright Modernization Act soon to be law in Canada



The Privy Council has released a copy of notice dated October 25, 2012 (P.C. 2012-1392) setting out when the amendments to the Copyright Act will come into force. The information in the notice, which has been published by some law libraries, provides for the amendments to come into force in three stages.

  1. Most amendments will come into force when the notice is officially published in the Canada Gazette Part II which is expected to take place soon and perhaps as early as November 7, 2012.

When a tweet crosses the lineWhen a tweet crosses the line



I can’t figure this one out. I’m a lawyer, not a psychologist.

After the Supreme Court of Canada released its decision in the Access Copyright case, two academics, Michael Geist and Ariel Katz, stepped up their attacks on Access Copyright.

Michael Geist claimed that the Supreme Court’s decision eviscerated Access Copyright’s business model. In a reply blog post I showed this claim did not stand up to scrutiny.

Ariel Katz jumped in to defend Michael Geist. A major portion of his blog, however, contained a vitriolic attack on Access Copyright.

Canada a country in copyright transition says US Congressional anti-piracy caucusCanada a country in copyright transition says US Congressional anti-piracy caucus



Last week, The US Congressional International Anti-Piracy Caucus published its 2012 International Anti-Piracy Caucus Country Watch List. Canada, which had previously been on the watch list, has now been reclassified along with Spain as a country “in transition”. According to the report, “Both Canada and Spain have taken positive steps towards putting in place a stronger legal framework for the protection of copyright, and as such we have included them this year as countries in transition to acknowledge the progress made, while urging both to follow through strongly on their commitments.”

Fair use for Australia?Fair use for Australia?



Earlier this week, the Australian Law Reform Commission published an Issues Paper titled Copyright and the Digital Economy. The paper asked 55 questions about copyright and possible reforms to Australia’s copyright laws. The paper discusses many reforms debated in Canada during the 2009 Copyright Consultations and more recently during the debates and examination of The Copyright Modernization Act (Bills C-32 and C-11) in the House of Commons Special Legislation Committee. These include new exceptions to permit copying for private uses such as format and time shifting, online uses for social media, uses by libraries, archives and for education, and safe harbours for Internet intermediaries.

My remarks to the Senate Committee studying Bill C-11My remarks to the Senate Committee studying Bill C-11



The following are my opening remarks to the Senate Committee studying Bill C-11 earlier today. The link to the webcast can be found here.

I would like to thank the committee for inviting me to appear today to provide input on Bill C-11.

Before starting my remarks, I would like to give you some background about myself.

  • I am a senior partner with the law firm McCarthy Tétrault.
  • I am an adjunct professor at Osgoode Hall Law School where I teach IP law.