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Rear View of Man Working in Office by Pixabay https://www.pexels.com/photo/rear-view-of-man-working-in-office-256401/ Creative Commons Zero (CC0)

Myths and Reality About Canadian Copyright Law, Fair Dealing and Educational Copying

Seeking to debunk many of the misleading claims on the state of Canadian copyright, fair dealing and education, I’m grateful that InfoJustice.org has published my post on the myths and realities of the current situation. The post relies on actual data presented at the recent copyright review to demonstrate how the Canadian market has experienced increased spending on licensing, e-book licensing has been a central part of the education licensing strategy, and educational institutions are paying for licences even when they retain collective licences.

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May 1, 2019 0 comments News
Screenshot from Wikipedia’s #FairCopyrightOz campaign, CC BY-SA 3.0 https://creativecommons.org/2017/05/23/wikipedia-says-time-fair-use-australia/

My ADA Keynote: What the Canadian Experience Teaches About the Future of Copyright Reform

In late March of this year, I travelled to Canberra, Australia to deliver a keynote address at the Australian Digital Alliance’s 2019 Copyright Forum. The ADA is a leading voice on copyright issues in Australia and its annual Copyright Forum brings together government, creators, education, libraries, and the broader public to explore copyright issues. This year’s event included innovative film makers, the President of the Australian Society of Authors, European Parliament MEP Julia Reda, as well as leading academics, trade negotiators, government policy experts, and many others.

My talk focused on the Canadian copyright experience, using real data to dispel the misleading claims about the impact of Canada’s 2012 reforms. A video of the keynote has been posted to YouTube and is embedded below.

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April 17, 2019 1 comment News
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Open Banking Is Already Here: My Appearance Before the Senate Standing Committee on Banking, Trade and Commerce

The Senate Standing Committee on Banking, Trade and Commerce has spent the past month and a half actively engaged in a detailed study of the regulatory framework for open banking. The study has included government officials, representatives from Australia and the UK, and Canadian banking stakeholders. I appeared before the committee yesterday as a single person panel, spending a full hour discussing a wide range of policy concerns.  My core message was that the committee debate over whether Canada should have open banking missed the bigger issue that millions of Canadians already use open banking type services despite the friction in making their data easily portable to third party providers. I recommended several reforms in response, including stronger privacy laws, mandated data portability with informed consumer consent, and consumer protection safeguards that recognizing the likely blurring between incumbent banks and third party providers.

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April 12, 2019 5 comments News
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Canadian Privacy Commissioner Signals Major Shift in Approach on Cross-Border Data Transfers

The Office of the Privacy Commissioner of Canada has released a consultation paper that signals a major shift in its position on data transfers, indicating that it now believes that cross-border disclosures of personal information require prior consent. The approach is a significant reversal of longstanding policy that relied upon the accountability principle to ensure that organizations transferring personal information to third parties are ultimately responsible for safeguarding that information. In fact, OPC guidelines from January 2009 explicitly stated that “assuming the information is being used for the purpose it was originally collected, additional consent for the transfer is not required.”

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April 10, 2019 9 comments News
More than $2 million to keep young adults from care connected by Province of British Columbia (CC BY-NC-ND 2.0) https://flic.kr/p/TnHNkA

Supporting a More Competitive Canadian Wireless Market: Speak Out on Navdeep Bains’ Proposed CRTC Policy Direction

Last month, Innovation, Science and Economic Development Minister Navdeep Bains took his most significant policy step to date to address telecommunications concerns by issuing a proposed policy direction to the CRTC based on competition, affordability, consumer interests, and innovation. As I noted at the time, the proposed policy direction will make a difference as those perspectives will become a more prominent part of the regulatory process that cannot be easily dismissed.

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April 4, 2019 1 comment News