Post Tagged with: "Damages"

Damages by Nick Youngson CC BY-SA 3.0 ImageCreator http://www.thebluediamondgallery.com/typewriter/d/damages.html

Why the Government’s Copyright Board Plans Threaten to Spark Another Lobbying Battle

Copyright reform has long been viewed as one of the more contentious policy issues on the Canadian agenda, pitting creators, education groups, innovative companies, and a growing number of individuals against one another in processes that run for years and leave no one fully satisfied. Indeed, my Hill Times op-ed notes the copyright review currently underway before the Standing Committee on Industry, Science and Technology promises to run for months with MPs hearing from a broad range of stakeholders presenting perspectives that will be difficult to reconcile.

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June 5, 2018 Comments are Disabled Columns
3D Broken Copyright by StockMonkeys.com (CC BY 2.0) https://flic.kr/p/ogWUh1

The Trouble With the TPP, Day 39: Quiet Expansion of Criminal Copyright Provisions

The past two Trouble with the TPP posts have focused on the disconnect between the TPP and Canadian copyright law which raises the possibility that the Canadian digital lock rules may not be consistent with the TPP.  In addition to those concerns, the Electronic Frontier Foundation recently identified a subtle change that was added during the “legal scrub”. The change involved a provision on applying criminal procedures and penalties in cases of willful copyright infringement on a commercial scale. The version released in November stated:

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February 26, 2016 3 comments News
Happily Ever After? by Lauri Heikkinen (CC BY-SA 2.0) https://flic.kr/p/ovhrFB

The Trouble With the TPP, Day 37: Breaking Digital Locks For Personal Purposes

The Trouble with the TPP series has featured several posts on the impact of the agreement on copyright law, including copyright term extension and changes to the digital lock rules. The potential changes to Canadian copyright law do not end there, however.  For the next three days, I will focus on concerns arising from the TPP’s damages provisions that might restrict future Canadian copyright policies or require legislative change.

The first involves the TPP damages requirements associated with the anti-circumvention rules. As with many aspects of the TPP, the rules get very complicated, very quickly. The analysis starts with the TPP requirements. Article 18.68 establishes the rules for technological protection measures. The mandatory penalties for circumvention can be found in Article 18.84 (17):

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February 24, 2016 1 comment News

Federal Court Awards Minimal Privacy Damages

David Fraser reports on a recent Federal Court of Canada ruling that awarded $4,500 in damages over the Royal Bank of Canada’s disclosure of banking information during a bitter divorce dispute.

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August 22, 2011 1 comment Must Reads

Canadian Courts Set High Bar for Privacy Damage Awards

When privacy violations occur, the first reaction for many victims is to search for a way to stop the offending conduct. The second response may be to invoke the law by filing a complaint with the Privacy Commissioner of Canada. Hundreds of complaints are filed every year and most are resolved with an explanation for what occurred, a change in corporate policy, or occasionally a formal apology.  My weekly technology law column (Toronto Star version, homepage version) notes that a growing number of complainants have been left unsatisfied with this outcome, however, and are turning to the courts for damage awards.

Two recent Federal Court decisions grappled with the issue of damage awards for privacy violations and arrived at the same conclusion – personal privacy is not worth much when it comes actual compensation for privacy breaches or abuses.

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November 30, 2010 13 comments Columns