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

“A Broad and Liberal Interpretation”: The Supreme Court of Canada Expands Copyright Users’ Rights

“A Broad and Liberal Interpretation”: The Supreme Court of Canada Expands Copyright Users’ Rights

The Supreme Court of Canada today released its decision in Keatley Surveying v. Teranet, a case that involves the application of the Copyright Act’s crown copyright provision to land surveys registered or deposited in provincial land survey offices. The Government of Ontario argued that crown copyright applies to the surveys. The surveyors argued that it did not and were seeking compensation for their inclusion in a database service run by Teranet under licence from the province. The court ruled in favour of the province, concluding that the surveys are covered by current crown copyright provision.

I’ll address the challenges with that decision in an upcoming post, though it is clear that the majority decision written by Justice Abella is open to legislative reform:

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September 26, 2019 4 comments News
Copyrighted button by ntr23 (CC BY-NC-SA 2.0) https://flic.kr/p/7jvE7i

The Law Bytes Podcast, Season One in Review: The Copyright Episodes

Copyright law and policy was an important part of season one of the Law Bytes podcast with several episodes devoted to Canadian reforms as well as international developments. The Canadian copyright review figured prominently: Episode 4 featured clips from my appearance before the Standing Committee on Industry, Science and Technology including exchanges with MPs, a later episode contained my lecture on what the Canadian experience teaches about the future of copyright reform, and Carys Craig came on the podcast to discuss the Industry committee copyright review report.

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August 19, 2019 4 comments Podcasts
Piracy Point by Ted & Dani Percival (CC BY 2.0) https://flic.kr/p/6FEST5

The LawBytes Podcast, Episode 23: The WIPO BRIP Database – Rick Shera on the MEGA Experience and the Dangers of False IP Claims

The last episode of Season One of the Lawbytes podcast (new episodes will resume in September) returns to WIPO, the World Intellectual Property Organization and its proposed BRIP database. The BRIP database, which stands for Building Respect for Intellectual Property, will be a database of allegedly infringing websites. While some of the details remain sketchy, the basics are that BRIP will be a database of allegedly infringing websites that could be used by advertisers to stop advertising on those sites, payment providers to stop service, or even site blocking initiatives to mandate ISP blocking. Yet the BRIP database currently envisions the possibility of lobby groups such as the movie and music associations inserting sites in the database with no oversight, no review, and not even any transparent standards.

That approach caught the attention of Rick Shera, a lawyer in New Zealand with Lowndes Jordan and one of that country’s leading IP and Internet law experts. Rick posted a Twitter stream on the risks associated with false IP accusations, speaking from the experience of one of his clients. He joins me on the podcast this week to discuss the experience of MEGA and the risks of false IP claims.

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August 6, 2019 0 comments Podcasts
The LawBytes Podcast, Episode 22: Navigating Intermediary Liability for the Internet – A Conversation with Daphne Keller

The LawBytes Podcast, Episode 22: Navigating Intermediary Liability for the Internet – A Conversation with Daphne Keller

The question of what responsibility should lie with Internet platforms for the content they host that is posted by their users has been the subject of debate around in the world as politicians, regulators, and the broader public seek to navigate policy choices to combat harmful speech that have implications for freedom of expression, online harms, competition, and innovation. To help sort through the policy options, Daphne Keller, the Director of Intermediary Liability at Stanford’s Center for Internet and Society, joins the podcast this week. She recently posted an excellent article on the Balkinization blog that provided a helpful guide to intermediary liability law making and agreed to chat about how policy makers can adjust the dials on new rules to best reflect national goals.

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July 29, 2019 0 comments Podcasts
Mind the gap by Kristian Dye (CC BY 2.0) https://flic.kr/p/5JAk2X

Better Data, Better Results: Comparing the Gap Between the Copyright Review and Heritage Study on the Music Industry’s Policy Proposals

My recent series reviewing the Industry Committee’s copyright review (process, evidence, witness balance, citation) was about more that just why the decision to ignore the Canadian Heritage committee study on artist remuneration was justified. The series provides a data-backed assessment of the quality of the consultation of the respective committees, which is inextricably linked to their final recommendations. The better process is important because when comparing the recommendations from the two committees, the Industry committee consistently provided deeper analysis even in areas where there was agreement. The better analysis is not a coincidence: better process generates better policy and the Industry committee engaged in broader consultations in which it heard both from more creators and more users than Heritage.

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June 26, 2019 4 comments News