Latest Posts

A New Voice

The Canadian music market has experienced some dramatic developments in recent months, most notably Nettwerk's decision to speak out against file sharing lawsuits (with financial backing of a U.S. defendant in one case), the CRIA/Pollara study, and the recent departure of six leading Canadian independent labels from CRIA.  While those […]

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April 25, 2006 13 comments News

Vaver on Copyright

A must read from Oxford professor David Vaver on copyright's rights and responsibilities.

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April 25, 2006 Comments are Disabled News

Industry Associations Not Immune to Tech Effect

My weekly Law Bytes column (Toronto Star version, homepage version) examines the recent resignations of six leading Canadian independent record labels from the Canadian Recording Industry Association as part of a larger trend of pressure on longstanding industry associations.  In that regard, the column discusses the CCTA's decision to disband […]

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April 24, 2006 Comments are Disabled Columns

Copyright Law and the Law

This week Slaw is hosting a theme week on copyright and asked me to kick things off with a guest post.  I've cross-posted below but head on over to the site and join in the discussion.

While the timing of a new Canadian copyright reform bill remains a mystery, there is little doubt that lawyers will play an important role whenever the successor to Bill C-60 is unveiled.  Whether as advocates, lobbyists, counsel, or independent experts, copyright reform invariably unleashes a torrent of conferences, workshops, papers, blog postings, and opinion pieces prominently featuring members of the legal profession. 

Often missing from the process, however, is discussion about the impact of copyright law on the law.  The bar's lack of participation in assessing copyright law's impact on the legal profession is unfortunate, since the legal perspective would add an important dimension to the debate.  Indeed, it is no coincidence that arguably the most important Supreme Court of Canada copyright law in recent memory – CCH Canadian v. Law Society of Upper Canada – struck directly at the intersection between copyright and the law.

If the legal profession were to become engaged in the copyright reform process with itself as the client, what issues might it address?  I'd like to cite four as a starting point and encourage Slawyers to add to the list.  My four include:

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April 24, 2006 Comments are Disabled News

The Supreme Court on Privacy

David Fraser points out that the Supreme Court of Canada has just released a decision, H.J. Heinz v. Attorney General (Canada),  that includes a significant amount of privacy analysis.  The case involves privacy considerations within the context of Access to Information Act requests.  The divided court, which interestingly relies on the recent LaForest report on the potential merger of the Offices of the Information and Privacy Commissioners, says several noteworthy things about privacy and reflects some differences on the court on the merits of judicial intervention on privacy grounds. 

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April 23, 2006 Comments are Disabled News