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

CPAC, Geist CRTC Bill C-11 hearing, https://cpac.ca/episode?id=c2d2ca31-d052-4378-8245-f8ff6156a1c9

My CRTC Appearance on Bill C-11: Why Isn’t the Commission Concerned with Competition, Consumer Choice, and Affordability?

The CRTC’s Bill C-11 hearings are in their third and final week as a steady stream of broadcasters and producers make their way to Gatineau to urge the Commission to force Internet streamers to hand over cash in a giant cross-industry subsidy scheme designed to support everyone from small producers to Bell’s news division. As the witnesses take turns seeking the mantle that they are facing the biggest crisis (even as there is record film and television production in Canada and broadcasters stand to be the biggest beneficiary of the Online News Act), there has been practically no interest or discussion of the risks to consumers and competition that could come from significant new regulatory costs.

I set out to change that yesterday in my appearance before the Commission. It was my first time to appear as a witness before the CRTC and I used the opportunity to emphasize the real risks of reduced competition and higher costs that can come with mandated payments that exceed global standards. Further, I argued that the Commission should not establish interim payments at all, noting that it was more appropriate to address all of the outstanding Bill C-11 regulatory questions before looking to streamers to start cutting cheques.

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December 6, 2023 13 comments News
CRTC Hearings, CPAC, https://www.cpac.ca/crtc-hearings

The Law Bytes Podcast, Episode 185: Bill C-11 at the CRTC – A Preview of the Upcoming Online Streaming Act Hearing

The much-anticipated Bill C-11 hearing opens this week at the CRTC. For the next three weeks, the Commission will hear from a wide range of stakeholders, including digital and legacy creators, Internet giants, telecom companies, and consumer groups. This hearing, which builds on an earlier consultation on registration requirements, will address issues that include mandated Internet streaming company contributions and discoverability requirements. What brought us to this moment and what lies ahead? This week’s Law Bytes podcast reviews the lengthy legislative process, the key players at the hearings, and how this consultation fits within the broader Bill C-11 framework.

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November 20, 2023 2 comments Podcasts
Slow by Ann Douglas https://flic.kr/p/nTFwPb CC BY-NC-SA 2.0

Heritage Minister Pascale St-Onge’s Tries to Re-Write Bill C-11 History: There Is No Quick Implementation and the Government is to Blame

The government plans to release its final policy direction on Bill C-11 today just days ahead of the start of a weeks-long series of hearings at the CRTC on the Online Streaming Act (I am scheduled to appear in early December). Ahead of the release, Canadian Heritage Minister Pascale St-Onge tries to re-write history, urging fast enactment of the legislation and blaming the Conservatives for the delays. Yet here is the reality: Bill C-10, the predecessor to Bill C-11, would have become law back in 2021 had the government not opened the door to regulating user content. Instead, the bill rightly became a source of concern, leading to years of legislative delays that virtually guarantees that nothing will take effect until 2025 at the earliest.

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November 14, 2023 23 comments News
Signing of the constitution / Signature de la Constitution by LAC CC BY-NC-ND 2.0 https://flic.kr/p/bXT7Df

The Law Bytes Podcast, Episode 184: Philip Palmer on the Constitutional Doubts About the Government’s Internet Laws

Is the Canadian government’s Internet legislation constitutional? That question arose during the hearings on Bills C-11 and C-18, but has taken on a new urgency given the Supreme Court of Canada’s recent decision involving an Alberta challenge to federal environmental assessment legislation. With limits on federal powers back in the spotlight, the vulnerability of the legislation requires further examination.

Philip Palmer is a former Justice lawyer who appeared before the House of Commons committee studying Bill C-11 to make the case that the law does not fall within the scope of federal powers. He joins the Law Bytes podcast to explain why and what it might mean for the Internet streaming and online news laws.

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November 13, 2023 3 comments Podcasts
OpenAI logo by ishmael daro https://flic.kr/p/2oZaMAk CC BY 2.0

The Law Bytes Podcast, Episode 183: Andres Guadamuz on the Battle Over Copyright and Generative AI

Generative AI raises a host of interesting legal issues, but perhaps none will be more contentious than the intersection between copyright and services such as ChatGPT. The copyright questions apply both the creation of large language models used to train these systems as well as the copyright associated with outputs. These questions have sparked high profile class action lawsuits and government consultations on potential reform.

Andres Guadamuz is a Reader in Intellectual Property Law at the University of Sussex and the Editor in Chief of the Journal of World Intellectual Property. He joins the Law Bytes podcast to explain the copyright implications of generative AI and to unpack the claims found in the copyright class action lawsuits.

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November 6, 2023 4 comments Podcasts