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CBC Lawsuit vs. Conservative Party

The CBC Lawsuit, Fair Dealing and Future Reform: The Unexpected Arrival of Copyright in Election 2019

As the 2019 federal election winds toward voting day next week, copyright has unexpectedly arrived on the scene. Cultural groups have lamented for weeks that none of the national political parties have discussed copyright, placed it in their platforms, or otherwise committed to reforms. The likely reason – neatly articulated by OpenMedia’s Laura Tribe in this week’s Lawbytes podcast – is that there are no sharp divisions between the parties on copyright that might provide an electoral advantage. Instead, the government conducted an extensive copyright review which led to the Industry Committee’s June 2019 report. That committee, which heard from hundreds of witnesses representing all perspectives, generated a report that received all-party support and provides a roadmap for future reforms (the notable exception being on crown copyright).

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October 17, 2019 1 comment News
Responsibility by Nathan Siemers (CC BY-SA 2.0) https://flic.kr/p/4KZiPv

Platforms or People?: The Liberals and Conservatives Outline Competing Visions of Internet Responsibility

In recent years, there has been growing concern worldwide with the privacy risks associated with mass data collection online, the potential for rapid dissemination of hate speech and other harmful content on the Internet, and the competitive challenges posed by technology companies – often labelled “web giants” – that are enormously popular with the public but which do not fit neatly into conventional cultural and economic policies. My Globe and Mail op-ed argues the Internet policy proposals contained in the Liberal and Conservative platforms offer dramatically different answers to the question that sits at the heart of these policy issues: who should bear responsibility for the potential risks that arise from the Internet?

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October 16, 2019 2 comments Columns
Elections Canada polling station 2015 by ishmael n. daro https://flic.kr/p/z3z7Su https://flic.kr/p/z3z7Su

The LawBytes Podcast, Episode 27: Digital Policy and Election 2019 – Laura Tribe of OpenMedia on Where the Parties Stand

Digital issues were expected to garner attention in the 2019 Canadian federal election campaign. Over the course of the past few weeks, all the main political parties have had something to say about the high cost of cellphone prices in Canada and the prospect of implementing new taxes on tech companies. Laura Tribe, the Executive Director of OpenMedia, joined the podcast to talk about election 2019 and digital policies in a conversation that focused on wireless services and Internet taxes as well as privacy, intermediary liability, trade, and copyright.

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October 15, 2019 0 comments Podcasts
CBC Button by Rebecca Bollwitt https://flic.kr/p/9dwQhg (CC BY-NC-SA 2.0)

CBC vs. CPC: Why the CBC’s Attempt to Use Copyright to Stifle Expression Backfired Badly

The CBC’s copyright infringement lawsuit against the Conservative Party over the use of seven short video clips in a campaign ad and several Twitter postings sparked a torrent of criticism as even CBC supporters wondered what executives were thinking. My Globe and Mail op-ed notes that the public broadcaster claimed it was defending the independence of its journalists and journalism, yet the opposite predictably occurred, with many believing that the lawsuit itself demonstrated a political bias.

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October 14, 2019 7 comments Columns
CBC's Rosemary Barton by Ian Capstick https://flic.kr/p/9tt7Ju (CC BY-SA 2.0)

What Was the CBC Thinking?: A Closer Look at the Video Clips in its Copyright Lawsuit Against the Conservative Party

The CBC decision to sue the Conservative Party for copyright infringement over seven clips that were either used in a campaign ad or posted to Twitter has unsurprisingly garnered considerable attention. While the CBC claims that its lawsuit was designed to defend perceptions of independence of its journalists and journalism, the opposite has predictably occurred with many believing that the lawsuit itself (filed eleven days before the election after the content was removed) demonstrates bias against the Conservative party. Not only does the lawsuit fuel perceptions of bias, but it causes enormous damage to CBC journalists – Rosemary Barton and John Paul Tasker – who are both named as plaintiffs in the lawsuit. The CBC now says it will file an application to remove them from the suit, but it is hard to understand how anyone at the public broadcaster thought it was a good idea to have one of its lead news anchors and a parliamentary reporter sue a political party.

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October 12, 2019 15 comments News