Post Tagged with: "copyright"

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Fair Dealing Support for News Reporting and Public Debate: The Case of Warman and National Post v. Fournier

Having examined the importance of fair dealing for creators and freedom of expression, the fair dealing week posts continue with fair dealing and its support for news reporting and public debate. In recent months, some news organizations have taken aim at fair dealing, arguing that it is a detriment to […]

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March 1, 2018 2 comments News
Open Media Day of Action

The Case Against the Bell Coalition’s Website Blocking Plan: Canadians Take a Stand Against Site Blocking

The Bell playbook for its website blocking proposal has largely followed a familiar narrative. Much like the “Fair for Canada” campaign in 2013 that was designed to convince Canadians that keeping foreign competitors such as Verizon out of the country was in their best interest, the FairPlay Canada campaign similarly tries to make the case that a coalition of supporters want the CRTC to institute website blocking without court orders. The campaign clearly starts with Bell: they first raised the issue in September at a House of Commons committee hearing, obtained the legal opinion to support the application (it is addressed to Bell), and used a closely allied law firm to draft the application.

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February 28, 2018 4 comments News
Rolling Rebellion Sparks in Seattle to Defend Internet & Stop the TPP by Backbone Campaign (CC BY 2.0)

The Case Against the Bell Coalition’s Website Blocking Plan, Part 11: Higher Internet Access Costs for All

The Bell website blocking coalition includes several Internet providers, but there are no smaller, independent ISPs. The absence of smaller ISPs that are essential to the government’s aspiration for greater Internet access competition is unsurprising given the costs associated with site blocking that can run into the millions of dollars with significant investments in blocking technologies and services, employee time to implement blocking mandates, and associated service issues. A mandated blocking system applied to all ISPs in Canada would have an uneven impact: larger ISPs will face new costs but may find it easier to integrate into existing systems (some already block child pornography images), whereas hundreds of smaller ISPs would face significant new costs that would affect their marketplace competitiveness. In fact, larger ISPs might ultimately benefit from higher fees passed along to subscribers and reduced competition.

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February 27, 2018 5 comments News
Tommy Wiseau-Greg Sestero at Fountain IMG_9689 by David Kenedy (CC BY-NC-ND 2.0)

Why Fair Dealing Benefits Creators: The Case of a Room Full of Spoons

Fair dealing debates often focus on education-related issues, but its role as a user’s right extends far beyond the classroom. As part of fair dealing week, I’ll be posting on several cases that highlight the importance of fair dealing for many other purposes. For example, last year an Ontario case highlighted how fair dealing is an essential legal right for creators. The Room is a well-known film (sometimes referred to as the Citizen Kane of bad movies) that was the subject of The Disaster Artist, a film released late last year starring James Franco. In 2016, a group of documentary film makers released Room Full of Spoons, which examined the popularity of The Room.

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February 27, 2018 3 comments News
NO refunds beyond this point! by Ben Husmann (CC BY 2.0)

Fair Dealing Fake News: When Seeking a Refund Arising From Copyright Over-Payments Becomes a “Legal Attack on Writers”

With the Canadian copyright review likely to commence in a few weeks, the hysteria associated with fair dealing – much of it disconnected from the economic reality of spending on copyright works since 2012 – promises to hit a fever pitch. Access Copyright and the Writers Union of Canada got off to an early start in their reaction to a lawsuit filed last week by Canadian school boards and Ministries of Education seeking a refund for years of over-payments that has cost schools more than $25 million. The groups described the lawsuit as “an outrageous attack on Canada’s writers” and “simply intimidation.”

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February 26, 2018 4 comments News