Archive for October, 2012

TPP Negotiations Present Far More Questions Than Answers

Peter Clark posts an opinion piece at iPolitics that raises many questions with the Trans Pacific Partnership. Clark notes that “the TPP will not be worth much to Canada” given that we already have trade agreements with the U.S., Mexico, Chile and Peru.

Read more ›

October 15, 2012 Comments are Disabled News

Are CRIA and the MPA-Canada Now Opposed to Canadian Content Rules?

This week, the government was formally included in the Trans Pacific Partnership negotiations with the next formal round scheduled for New Zealand in early December. I’ve written extensively about the copyright implications of the TPP as leaked versions of the intellectual property chapter and demands from U.S. copyright lobby groups point to a significant re-write of Bill C-11. Areas targeted for reform in Canada include ISP liability, statutory damages, and extending the term of copyright.

An additional issue has begun to attract increasing attention as the same lobby groups seeking copyright reforms have also put dismantling Canadian content regulations on the table. The IIPA, the lead lobby group for the movie, music, and software industries, told the U.S. government:

IIPA strongly believes that the TPP market access chapters must be comprehensive in scope, strictly avoiding any sectoral carve outs that preclude the application of free trade disciplines. We note that several market access barriers cited by USTR in its 2012 National Trade Estimate report on Canada involve, for example, content quota requirements for television, radio, cable television, direct-to-home broadcast services, specialty television, and satellite radio services. It should be possible to address such barriers to trade in the TPP, and thus augment consumers’ access to diverse content, while promoting local cultural expressions.

Many concerned with Canadian culture have reacted with alarm as the U.S. government has focused on potential changes to television and radio content requirements, classification systems for movies, and online video.

Read more ›

October 12, 2012 16 comments News

Why It’s Time for a Canadian Digitization Strategy Based on Fair Dealing

Last year, the Writers’ Union of Canada and Union des Écrivaines et des Écrivains Quebecois announced that they were joining a lawsuit against HathiTrust, a consortium of U.S. universities that work with Google on the digitization of millions of books. The lawsuit, which was led by the Authors’ Guild in the U.S., challenged the legality of scanning millions of books and placing the books in the HathiTrust Digital Library (HDL). Yesterday, a U.S. court ruled resoundingly for the universities, concluding that the practices fall squarely within U.S. fair use (good analysis from Grimmelman, Madison, Smith and Krews). The case is an important win for fair use and it points to a potential model for Canadian universities that have lagged behind in ensuring digital access to materials.

The HDL, a joint project of the University of California, University of Wisconsin, Indiana University, Cornell University and University of Michigan, used digital copies originally scanned by Google to allow for three purposes: (1) full text searches; (2) preservation; and (3) access for people with print disabilities. The universities implemented access to the database of scanned books in different ways. The full text search functionality enabled users to search through millions of books for particular terms. If the book was not in the public domain or there was no authorization from the copyright owner, searches only indicated the page number where the search term was found with no actual text copied. Students with print disabilities were able to access the full-text through a secure system that was not available to the general public or student body.

Read more ›

October 11, 2012 2 comments News

CRTC Releases Anti-Spam Regulation Compliance Bulletins

The government continues to drag its feet on bringing forward anti-spam regulations – Canada’s anti-spam law received royal assent in 2010 but won’t take effect until 2013 at the earliest – but the CRTC seems determined to move things forward. Yesterday it released two information bulletins that provide guidelines on […]

Read more ›

October 11, 2012 Comments are Disabled News

Ibbitson on the End of Bill C-30

The Globe’s John Ibbitson has a column on Bill C-30, the lawful access/Internet surveillance bill, that he says dying a quiet death.

Read more ›

October 11, 2012 2 comments News