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    Access Copyright Urges Copyright Board to Ignore Bill C-11's Expansion of Fair Dealing

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    Thursday April 17, 2014
    As I noted in a post yesterday, Access Copyright has filed its response to the Copyright Board of Canada's series of questions about fair dealing and education in the tariff proceedings involving Canadian post-secondary institutions. Yesterday's post focused on how Access Copyright has urged the Copyright Board to ignore the Supreme Court of Canada's ruling on the relevance of licences to a fair dealing analysis. Today's post examines the collective's response to the Copyright Board's question on the effect of the fair dealing legislative change in Bill C-32/C-11. Access Copyright engages in revisionist history as it seeks to hide its extensive lobbying campaign that warned that the reforms would permit mass copying without compensation.

    For two years during the debates over the bill, Access Copyright stood as the most vocal opponent of the expansion of the fair dealing purposes to include education. Given its frequent public comments and lobbying efforts on the bill, one would think its response to the Copyright Board, would be pretty straight-forward. For example, it created a copyright reform website - CopyrightGetitRight.ca - that warned:

    the education exception will permit mass, industrial-scale copying (equivalent to millions of books every year) without compensation to the creators and publishers who invested their creativity, skill, money and effort to produce this content.


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    Government Launches Consultation on Rules for ISP Notice-and-Notice System Amid Shift in Priorities

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    Thursday October 10, 2013
    Industry Canada and Canadian Heritage launched a consultation yesterday on the rules associated with the Internet service provider notice-and-notice system that was established in Bill C-11, the copyright reform bill enacted in June 2012. Responses to the consultation are due by November 8, 2013. Most of the bill took effect in November 2012, but the government delayed implementation of the ISP rules, with expectation of a consultation and regulations to follow. It has taken nearly a full year, but the consultation was sent to undisclosed stakeholders with the promise to bring the notice-and-notice system into effect "in the near future."

    The notice-and-notice system allows copyright owners to send infringement notices to ISPs, who will be legally required to forward the notification to their subscribers. If an ISP fails to forward the notifications, it must explain why or face the prospect of damages that run as high as $10,000. ISPs must also retain information on the subscriber for six months (or 12 months if court proceedings are launched). Copyright owners may also send notifications to search engines, who must remove content that has been removed from the original source within 30 days. The notices must meet a prescribed form that includes details on the sender, the copyright works and the alleged infringement.

    Despite some expectation that the consultation would place several issues on the table - form issues for notices, data retention, and costs for notices among them - the language used in the consultation letter suggests that the government is likely to simply bring the rules as articulated in the law into effect with no further regulations at all. It states:

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    Canada Moves Forward With WIPO Internet Treaty Ratification But It Likely Won't Be Final Until 2014

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    Friday June 14, 2013
    Canadian Heritage Minister James Moore tabled  the WIPO Internet Treaties (the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty) earlier this week in the House of Commons, starting the process of Canadian ratification of the treaties. The move does not come as a surprise since Bill C-11, which received royal assent just over one year ago, was designed to bring ensure Canadian law conformed to the treaty requirements.

    While there were some suggestions that the next step is formal notification with WIPO in Geneva, there are actually several steps required in Canada that will likely mean the treaties won't be in force in Canada until early 2014 (I wrote about the treaty ratification process  in 2008). First, the treaties are subject to a waiting period of 21 sitting days. During that period, MPs may debate the treaties in the House, raise questions, or bring motions related to the treaty. The 21 sitting day period started on June 12th. Since the House is scheduled to break for the summer next week, the period will not be completed until the first week of October.  Once this process is completed, the Minister of Foreign Affairs may then seek legal authority, through an Order in Council, for Canada to prepare instruments of ratification of the two treaties. Once the instruments of ratification are deposited with WIPO, there is a further three month delay from the date of deposit.



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    The File Sharing Lawsuits Begin: Thousands Targeted at TekSavvy

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    Tuesday December 11, 2012
    Given recent reports that a Montreal-based company has captured data on one million Canadians who it says have engaged in unauthorized file sharing, it seemed like it was only a matter of time before widespread file sharing lawsuits came to Canada. It now appears that those lawsuits are one step closer as TekSavvy, a leading independent ISP, has announced that it has received a motion seeking the names and contact information of thousands of customers (legal documents here).  To TekSavvy's credit, the company insists that it will not provide subscriber information without a court order and it has sent notices to affected customers.

    The notifications have generated considerable online discussion with some recipients indicating that they have been wrongly targeted. Others wonder what comes next. As I suggested in my posts on this issue, the next steps likely include the following:


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