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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 8 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 19 comments News
CBC News advertising board, CBC Broadcast Centre, Toronto, Southern Ontario, Canada by Pranav Bhatt (CC BY-NC-SA 2.0) https://flic.kr/p/9HBz23

CBC Sues the Conservative Party of Canada for Copyright Infringement Citing Campaign Video, Posting Debate Excerpts on Twitter

The CBC has filed a copyright infringement lawsuit against the Conservative Party over the use of clips on its Not As Advertised website and the use of debate clips on its Twitter feed. The lawsuit, filed yesterday in federal court, claims that a campaign video titled “Look at What We’ve Done” contained multiple excerpts from CBC programming in violation of copyright law. Moreover, the CBC also cites tweets that included short video clips of between 21 seconds and 42 seconds from the English-language leaders’ debate. The CBC argues that posting those clips on Twitter also constitutes copyright infringement.

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October 11, 2019 37 comments News
Conservative Party Mailer

Why Political Parties + Mass Data Collection + Religious Targeting + No Privacy Laws = Trouble

Earlier this week, I opened my mailbox to find the above pictured campaign flyer from the Conservative Party. The flyer asks “Who Is the Real Friend of Israel and the Jewish Community in Canada” on the outside and tries to make the case for the Conservatives on the inside. The flyer was personally addressed to my family and was apparently sent to many Jewish households (or presumed Jewish households). As I noted in a tweet yesterday, I don’t know how my family made it into the Conservative party list. The party might have visited the house, saw a mezzuzah on the door, and made the connection. Maybe it bought a list with the name from a community organization or publication. Or perhaps it just guessed based on geographic areas or names.

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October 11, 2019 5 comments News
#closetlefty No.1, Nov 2, 2011: "Never Miss A Good Crisis" by Anna Lena Schiller (CC BY-NC-ND 2.0) https://flic.kr/p/aBitkE

The LawBytes Podcast, Episode 26: There Is No Crisis – Dwayne Winseck on the State of Canadian Communications, Media and Cultural Policy

The future of Canadian communications law has emerged as political hot potato in recent weeks with political parties engaged in finger pointing over who is acting – or failing to act – on issues closely aligned to cultural policy. Just prior to the election call, Dwayne Winseck, a professor at Carleton who has been one of Canada’s most prominent experts on communications and cultural policy, joined the podcast to provide his take on the initial report from the Broadcasting and Telecommunications Legislative Review Panel, the tech-lash against companies such as Google and Facebook, and what the numbers tell us about the state of media and advertising in Canada.

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October 7, 2019 1 comment Podcasts