Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

105-IMG_0002-OTSummitt2017-6x9 by BCcampus_News (CC BY-NC 2.0) https://flic.kr/p/VjyUdx

Digital Trends and Initiatives in Education: The Study the Association of Canadian Publishers Tried To Bury

The Standing Committee on Industry, Science and Technology starts its year-long review of copyright today with the first of several hearings focused on copyright, education and fair dealing. The hearings begin with evidence from education groups to be followed by publishers and other rights holder representatives (sources indicate that Access Copyright declined an invitation but will presumably return at a later date). The Association of Canadian Publishers, the leading national publisher lobby, has been one of the most vocal groups on copyright and will likely appear to tell MPs that fair dealing should be narrowed.

While the ACP has not hesitated to speak out at industry events, it interestingly has said nothing about a study it commissioned on digital trends and initiatives in education in Canada. The ACP study, which received financial support from the Government of Canada and the Ontario Media Development Corporation, is not posted on the publicly available portion of its website. There was no press release when it was released last June and I can find no public reference to it anywhere on the site. Jean Dryden pointed out to me that the study is available through the OMDC.

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April 17, 2018 8 comments News
the television will not be... by aesthetics of crisis (CC BY-NC-SA 2.0) https://flic.kr/p/dT9oyX

Canada’s Tough Anti-Piracy Copyright Law: Federal Court Awards Millions in Damages Against Unauthorized Streaming Site

When the Bell coalition filed its website blocking application earlier this year, the immediate response from Innovation, Science and Economic Development Minister Navdeep Bains was to point to the strength of existing copyright law:

We understand that there are groups, including Bell, calling for additional tools to better fight piracy, particularly in the digital domain. Canada’s copyright system has numerous legal provisions and tools to help copyright owners protect their intellectual property, both online and in the physical realm. We are committed to maintaining one of the best intellectual property and copyright frameworks in the world to support creativity and innovation to the benefit of artists, creators, consumers and all Canadians.

I emphasized the point in my first post making the case against site blocking, arguing that Canada already has many legal provisions designed to assist copyright owners.

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April 16, 2018 11 comments News
Balancing Act by mpauliks (CC BY-NC-SA 2.0) https://flic.kr/p/EnZaAU

Against Copyright Balance: Canadian Heritage Officials Say It’s Time “To Move Beyond the Notion of Balance”

As the Standing Committee on Industry, Science and Technology (INDU) prepares for its first copyright review hearing next week featuring various representatives from the education community, MPs will regularly hear witnesses talk about the “copyright balance.” For Canadian copyright policy, balance has long been a foundational goal, regularly reflected in the views of both government and the courts. Yet according to a document obtained under the Access to Information Act, last fall officials at the Ministry of Canadian Heritage advised Minister Melanie Joly to abandon the emphasis on a copyright balance.

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April 12, 2018 6 comments News
Broken record by Tomi Tirkkonen (CC BY-NC-SA 2.0) https://flic.kr/p/9GZZxM

Broken Record: Why the Music Industry’s Secret Plan for iPhone Taxes, Internet Tracking and Content Blocking is Off-Key

The long-awaited Canadian copyright review is set to kick off hearings next week as a House of Commons committee embarks on a year-long process that will hear from a wide range of stakeholders. My Globe and Mail op-ed notes that according to documents obtained under the Access to Information Act, however, one stakeholder – the Canadian Music Policy Coalition, an umbrella group representing 17 music associations – got an early start on the review process last fall by quietly submitting a 30-page reform proposal to government officials.

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April 11, 2018 5 comments Columns
IMG_0207 by wyliepoon https://flic.kr/p/8Q7Ef3 (CC BY-NC-ND 2.0)

Telus’ Website Blocking Submission: No Copyright Expertise Needed and No Net Neutrality Violation if Everyone is Doing It

Telus was not a charter member of the Bell website blocking coalition, but there was never much doubt that the last of the big incumbents would side with the application. Most of the independent and smaller telecom companies have opposed the proposal (and even the Canadian Wireless Telecommunications Association cannot bring itself to state that it supports the plan), but Canada is not known for competition among the big incumbents and this issue was no different. Indeed, the Telus submission supports the application, but relies on remarkably weak and somewhat head-scratching analysis to arrive at its conclusion that the proposal meets the necessary legal standards.

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April 3, 2018 3 comments News