Post Tagged with: "fair dealing"

Doublespeak [Explore] by Kat Northern Lights Man (CC BY-NC 2.0) https://flic.kr/p/ekXjym

Saving Private Media: The Good, the Bad, and the Terrible From the Latest Canadian Proposals

Canadian Heritage Minister Melanie Joly does not plan to release her digital culture policy plan until September, but the pressure to address the financial challenges faced by media organizations increased last week with the Standing Committee on Canadian Heritage report (the same report that recommended an Internet tax that was swiftly rejected by Prime Minister Trudeau) and a proposal from News Media Canada that seeks hundreds of millions in annual government support. The recommendations don’t end there: copyright reform, tax changes, and amendments to government advertising policies are all part of the proposals to provide support to Canadian media organizations.

Andrew Coyne’s must-read column persuasively argues against a media bailout, noting the dangers of permanent government funding of an otherwise independent media. He rightly argues that if funding is established, it isn’t going away as government will be reluctant to allow funded media organizations to fail.  Further, Ken Whyte, former editor-in-chief of the National Post, openly acknowledges in a Twitter stream the constraints that come from criticizing government when funding or regulation is at stake.

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June 19, 2017 6 comments News
Copyright by Dennis Skley (CC BY-ND 2.0) https://flic.kr/p/pZ2G1V

The Upcoming 2017 Copyright Act Review: What Next for Canadian Copyright

This week Policy Options launched a new series on copyright reform with plans to provide perspectives from across the spectrum. I was delighted to write the first published piece, which starts by making the case that the Conservative government got far more right than wrong in 2012. Canadian copyright law is widely regarded as one of the most innovative in the world with unique, forward-looking provisions (non-commercial user generated content, notice-and-notice) and flexible fair dealing. The last five years have largely achieved what the government had in mind as the days of labelling Canada a “piracy haven” are over, the cultural industries such as movies and music are enjoying record earnings, and new digital services have found great success in Canada.

So, as Parliament prepares for a review of the law later this year, what’s next for Canadian copyright?

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June 13, 2017 3 comments Columns
Translations by Quinn Dombrowski (CC BY-SA 2.0) https://flic.kr/p/8CUAGo

Why Copyright Law Poses a Barrier to Canada’s Artificial Intelligence Ambitions

The federal government placed a big bet in this year’s budget on Canada becoming a world leader in artificial intelligence (AI), investing millions of dollars on a national strategy to support research and commercialization. The hope is that by attracting high-profile talent and significant corporate support, the government can turn a strong AI research record into an economic powerhouse.

Funding and personnel have been the top policy priorities, yet other barriers to success remain. For example, Canada’s restrictive copyright rules may hamper the ability of companies and researchers to test and ultimately bring new AI services to market.

What does copyright have to do with AI?

My Globe and Mail column notes that making machines smart – whether engaging in automated translation, big data analytics, or new search capabilities – is dependent upon the data being fed into the system. Machines learn by scanning, reading, listening or viewing human created works. The better the inputs, the better the output and the reduced likelihood that results may be biased or inaccurate.

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May 18, 2017 2 comments Columns
Creative Commons by Kristina Alexanderson (CC BY 2.0) https://flic.kr/p/dp7BN7

Copyright Reform in Canada and Beyond

Creative Commons will hold their annual global summit in Toronto later this month. In anticipation of that event, I discussed copyright reform in Canada and around the world in an interview with Creative Commons’ Public Policy manager Timothy Vollmer.  The full interview, which included discussion on copyright and trade agreements, educational exceptions, and empirical data, can be found here. An excerpt discussing the Canadian experience is posted below:

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April 18, 2017 0 comments News
Sean Spicer by Gage Skidmore (CC BY-SA 2.0) https://flic.kr/p/RcFaqw

Access Copyright Channels Sean Spicer in Comments on Copyright Fair Dealing Ruling

Access Copyright issued a release on a 2016 Copyright Board decision on March 31st that might have been mistaken for an April Fool’s joke had it been issued a day later. Channeling White House spokesperson Sean Spicer’s penchant for implausible spin, the copyright collective commented on the board decision involving copying in K-12 schools by arguing the decision confirmed that “fair dealing does not encompass all of the copying in education.” Leaving aside the fact that no one has said that it does (hence paid access remains by far the most important method of access), the Access Copyright decision will come as a surprise to anyone who read its response to the decision when it was first released, when it called it a “deeply problematic decision for creators and publishers.”

Access Copyright filed a judicial review of the ruling only to lose badly at the Federal Court of Appeal, which upheld virtually all of the Board’s decision (the only exception was a minor issue on coding errors in its repertoire, which is the source of the reconsideration referenced in the release). Access Copyright presumably issued the announcement on a year-old decision in response to the fact that the deadline has passed for an appeal of the Federal Court of Appeal ruling to the Supreme Court of Canada. What stands – and what Access Copyright seemingly endorses with its latest spin – includes:

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April 3, 2017 0 comments News