INDUletter.PDF
Archive for October 18th, 2007
Ministers Respond to Industry Committee Counterfeiting Report
Four government ministers – Day (Public Safety), Prentice (Industry), Emerson (International Trade), and Nicholson (Justice) – have issued their response to last spring's Industry Committee counterfeiting report that included 19 recommendations for reform including stronger penalties, WIPO ratification, and increased border enforcement. The letter, which interestingly does include Canadian Heritage Minister Josee Verner, avoids addressing each specific recommendation as the Committee requested, choosing instead to offer some general words of support for anti-counterfeiting measures.
The letter rightly focuses first on concerns associated with health and safety. The letter continues by noting that the Government's first step in its IPR strategy has already been taken with the passage of last spring's anti-camcording legislation. Moreover, it adds that there is ongoing inter-departmental work on strengthening IP enforcement.
Looking ahead, the letter again confirms that the DMCA is headed to Canada, stating that:
Copyright Board Rules Music Previews Constitute Fair Dealing
The Copyright Board of Canada has just issued the first part of its decision in the long-running (since 1996) Tariff 22 case. The Board is prepared to establish a tariff for the communication of musical works over the Internet and while much of the decision is devoted to economic analysis, several key legal questions are addressed. Of greatest interest is its conclusion that offering music previews (ie. a portion of a song) constitutes fair dealing under Canadian copyright law as it can be characterized as copying for the purpose of research. This decision – which is right in my view – highlights the very broad nature of fair dealing following the Supreme Court of Canada's CCH decision.
The Board rightly notes that listening to an excerpt of a work is consumer research into whether they might like to purchase the song, concluding that:
Recent Posts
The Law Bytes Podcast, Episode 222: Robert Diab on Canadian Media’s Copyright Lawsuit Against OpenAI 
Government Finally Splits the Online Harms Bill: Never Too Late To Do The Right Thing…Or Is It? 
Canadian Media Companies Target OpenAI in Copyright Lawsuit But Weak Claims Suggest Settlement the Real Goal 
The Law Bytes Podcast, Episode 221: Inside My Canadian Heritage Committee Appearance on Freedom of Expression 
When Antisemitism Isn’t Taboo: Reflecting on the Response to Nazi-Era Hate on the Streets of Montreal
