Post Tagged with: "copyright misuse"

Ramdlon CC0 Creative Commons https://pixabay.com/en/legal-illegal-choose-choice-1143114/

Canadian Government Banning Settlement Demands in Copyright Notice-and-Notice System

The Canadian government has unveiled its long-awaited plan to fix abuses with copyright’s notice-and-notice system as part of Bill C-86, its Budget Implementation Act. Last spring, Innovation, Science and Economic Development Minister Navdeep Bains released an IP strategy that promised safeguards against intellectual property abuse, particularly use of copyright notices to send settlement demands to Internet users. The Canadian notice-and-notice system was formalized in 2012 to allow rights holders to forward allegations of online copyright infringement to internet users through their internet service provider. The system was viewed as a win-win approach since it promised to deter infringement through education rather than legal threats. Yet within hours of taking effect, anti-piracy companies began sending notices that included settlement demands backed by threats of litigation.

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October 30, 2018 14 comments News
Opening ceremony | Cérémonie d'ouverture by #G7Charlevoix https://flic.kr/p/24bTSjc (CC BY-NC-ND 2.0)

Unpacking Canada’s IP Strategy: Countering IP Abuse, Addressing IP Administration and Removing IP Barriers to Innovation

Navdeep Bains, Canada’s Minister of Innovation, Science and Economic Development, unveiled the government’s long-awaited intellectual property (IP) strategy, which responds to the need to increase IP awareness, develop new IP tools for businesses and counter IP misuse that harms both consumers and businesses. Following Bains’s announcement in April, the strategy garnered widespread applause for its holistic approach to IP policy, which recognizes the need to support IP through a combination of better information, administration and corporate practices.

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July 5, 2018 3 comments Columns
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

Broadcaster Copyright Misuse and Collusion?: Why Criticism Over the Government’s Political Ad Copyright Exception May Be Pointed in the Wrong Direction

The Canadian Thanksgiving weekend featured escalating rhetoric over the government’s proposed copyright exception for political advertising with claims of fascism, censorship, expropriation, and more. The commentary bears almost no relationship to reality. The truth is that the government and the broadcasters both agree that the current law already permits use without authorization. For all the claims of “theft”, the copyright owner (broadcasters) and user (political parties) both agree that the works can be used without further permission or payment. As Ariel Katz points out this morning, the bigger issue may well be whether Canada’s broadcasters violated the Competition Act by conspiring to not air perfectly lawful political advertisements.

I wrote about the controversy in my weekly technology law column (Toronto Star version, homepage version), but the debate can be boiled down to three issues.

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October 14, 2014 22 comments Columns

Supreme Court Copyright Case Coming on Thursday

The Supreme Court of Canada has just announced that it will release its decision in Euro-Excellence v. Kraft Canada on Thursday.  The case raises some interesting copyright issues including the prospect of explicitly incorporating the copyright misuse doctrine into Canadian law.

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July 23, 2007 1 comment Must Reads

30 Days of DRM – Day 03: Oversight of DRM Misuse (Markets)

Today's installment focuses on the need for an amendment to the Competition Act should Canada introduce anti-circumvention legislation.  The Act should be amended to ensure that the Competition Bureau is not restricted in its ability to bring actions against abusive behaviour stemming from the application of an anti-circumvention provision. 

This argument is a bit technical, but important. 

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August 21, 2006 1 comment News