Academic Matters, a semi-annual publication that explores issues related to higher education, has just published a pair of essays on education, fair dealing, copyright, and collective licensing. Roanie Levy, the Executive Director of Access Copyright, wrote an essay in support of the role of her copyright collective. I wrote the other essay, arguing that emerging forms of access for copyrighted works lessens the value of the Access Copyright licence.
The full piece – Fair Access: Striking the Right Balance on Education and Copyright – can be found here. I conclude that:
any [copyright law] review must account for the millions being paid by educational institutions for access and the modest interpretations of fair dealing law in Canada, which have resulted in copying guidelines that are still more restrictive than those found in some other countries. Indeed, a fair review of the current system reveals that the problem facing Access Copyright is not that copies are not valued, but rather that in light of new forms of access and the evolution of the law, its licence is no longer valuable.
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The Trouble with the TPP and privacy, which includes weak privacy laws, restrictions on data localization, bans on data transfer restrictions, and a failure to obtain privacy assurances from the U.S., also includes the agreement’s weak anti-spam standards. Given the fact that nearly all TPP countries have some form of anti-spam law (with the exception of Brunei), the inclusion of anti-spam provision in the TPP was not surprising, yet the agreement sets the bar far lower than that found in many countries. Article 14.14 states:
Each Party shall adopt or maintain measures regarding unsolicited commercial electronic messages that:
(a) require suppliers of unsolicited commercial electronic messages to facilitate the ability of recipients to prevent ongoing reception of those messages;
(b) require the consent, as specified according to the laws and regulations of each Party, of recipients to receive commercial electronic messages; or
(c) otherwise provide for the minimisation of unsolicited commercial electronic messages.
The TPP provision features two key requirements: anti-spam laws that provide for a binding unsubscribe mechanism and some form of consent. Yet with the standard of consent left wide open, countries are free to adopt weak, ineffective standards and still comply with the TPP requirements. In fact, since spam raises global concerns that frequently requires cross-border co-operation, the TPP would have been an ideal mechanism to strengthen international anti-spam rules and enforcement.
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