Post Tagged with: "fair use"

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
New Thinking on Innovation, https://www.cigionline.org/innovation-series?utm_source=author&utm_medium=social&utm_campaign=innovation&utm_content=release1

Copyright in the Public Interest: How Canada Can Establish a Pro-Innovation Reform Agenda

The Centre for International Governance Innovation, the well-respected independent think tank based in Waterloo, has posted the first part of an exceptional new series on innovation. From the introduction from Rohinton Medhora to several pieces on innovation and trade (Kahin, Haggart, Ciuriak, and Van Harten), the series promises to provide politicians and policy makers with valuable insights to support the government’s focus on innovation. I was delighted to participate in the project with a piece titled How Trolls are Stifling Innovators, Gamers and Netflix Junkies.

The contribution, which is accompanied by a video on the impact of copyright and fair use on innovation, identifies several areas of copyright reform that are closely linked to innovation policy.  These include copyright flexibilities such as fair use, the need to prevent IP and copyright misuse, and the harms associated with restrictive digital lock rules. The article starts by noting that the Supreme Court of Canada highlighted the link between copyright and innovation in the 2002 Theberge decision:

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April 13, 2017 Comments are Disabled News
Fair use SXSW 2014-.jpg by Anna Hanks (CC BY 2.0) https://flic.kr/p/q6nZyV

Scare Tactics Down Under: The Ongoing Global Effort to Mislead on Canadian Copyright

Last month, I traveled to Australia and New Zealand as part of a group of experts to discuss copyright fair use and fair dealing. The trip included several public talks, meetings with government officials, a book launch on Reimagining Copyright, and the chance to discuss copyright policy directly with publishers, educators, and librarians. Videos of some of the panels are available online, including a New Zealand forum on copyright and innovation and a panel on comparative copyright limitations and exceptions at the Australian Digital Alliance annual conference.

Among the most notable aspects of the trip was the revelation of efforts by publishers and copyright collectives to mislead policy makers on the state of copyright law in Canada. While not everyone is buying it – this keynote from the Australian Productivity Commission’s Deputy Chair Karen Chester was a mic drop moment that eviscerated the publisher arguments against fair use – the efforts to mislead on the impact of Canadian copyright reform was unmistakable. For example, at one event with many publishers in the audience, I was approached by one representative who told me she was embarrassed by what her company had submitted to the Australian policy process after learning about the reality of the situation in Canada. Similarly, another Australian publisher executive who had spent years with one of Canada’s largest educational publishers, openly acknowledged that fair use and fair dealing had little to do with the challenges faced by the industry.

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March 20, 2017 4 comments News
google book search notification at Art & Architecture library, Duderstadt Center by Timothy Vollmer (CC BY 2.0) https://flic.kr/p/42Ls8i

Canada’s National Digitization Plan Leaves Virtual Shelves Empty

Imagine going to your local library in search of Canadian books. You wander through the stacks but are surprised to find most shelves barren with the exception of books that are over a hundred years old. This sounds more like an abandoned library than one serving the needs of its patrons, yet it is roughly what a recently released Canadian National Heritage Digitization Strategy envisions.

Led by Library and Archives Canada and endorsed by Canadian Heritage Minister Mélanie Joly, the strategy acknowledges that digital technologies make it possible “for memory institutions to provide immediate access to their holdings to an almost limitless audience.”

Yet it stops strangely short of trying to do just that.

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July 26, 2016 8 comments Columns
Youtube by Esther Vargas (CC BY-SA 2.0) https://flic.kr/p/g8Y9qs

How a Dancing Baby Struck a Blow for Balanced Copyright Law

In February 2007, Stephanie Lenz, a California mother of a pair of young toddlers, shot a short video of her children dancing in the family kitchen with the Prince song “Let’s Go Crazy” playing in the background. Lenz proceeded to upload the 29 second video to YouTube so that friends and family could see it.

Thousands of hours of user-generated video are posted online every day and there was nothing particularly remarkable about the dancing baby video. What set it apart, however, was that several months later Universal Music Group, Prince’s music label, sent a takedown notice to YouTube claiming that it infringed its copyright.

My weekly technology law column (Toronto Star version, homepage version) notes that similar takedown notices are sent to Internet intermediaries such as Google every hour. Yet this particular takedown demand seemed so at odds with the law (few experts believe it infringes copyright) that it sparked an eight year court battle in the United States and served as the inspiration for a 2012 Canadian copyright reform that protects users and websites that create and host non-commercial user-generated content.

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September 22, 2015 2 comments Columns