Archive for April, 2020

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The LawBytes Podcast, Episode 48: Sam Trosow and Lisa Macklem on Copyright and Fair Dealing During a Pandemic

Fair dealing – the Canadian version of fair use – has been recognized by the Supreme Court of Canada as a users’ right. The need for a large and liberal interpretation to the right is a cornerstone of Canadian copyright law. With millions of Canadian students at home due to the Coronavirus pandemic, the importance of fair dealing has grown as teachers seek to provide access to teaching materials and ensure they remain compliant with the law. Sam Trosow and Lisa Macklem of Western University recently published a detailed analysis on fair dealing and emergency remote teaching in Canada. They joined me on the podcast to discuss fair dealing, its application during the current pandemic, and recent developments involving reading aloud programs as well as the Federal Court of Appeal decision in York University v. Access Copyright.

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April 27, 2020 2 comments Podcasts
2008 Michael Brewer & ALA Office of Information Technology Policy, CC BY-NC-SA 3.0 (https://www.lib.uchicago.edu/about/news/online-guides-to-best-practices-in-fair-use/)

Education International: Copyright and the Battle for Fair Access | Mugwena Maluleke & Michael Geist

I appeared on the Educational International podcast with Mugwena Maluleke on April 26, 2020.

In the episode, we had a discussion on balancing protecting copyright and fair dealing rights for educators and researchers, and the current situation in Canada and South Africa.

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April 26, 2020 Comments are Disabled ExtPodcasts
York University Station by wyliepoon https://flic.kr/p/HGWRpp (CC BY-NC-ND 2.0)

Federal Court of Appeal Deals Access Copyright Huge Blow As It Overturns York University Copyright Decision

The Federal Court of Appeal delivered its long-awaited decision the York University v. Access Copyright case yesterday, setting aside the lower court ruling that I had described as “a complete victory” for Access Copyright. The latest ruling will not leave York University and the education community completely happy given the court’s fair dealing analysis, but winning on the mandatory tariff issue removes both the threat of mandated payments to Access Copyright as well as the possibility of a copyright infringement lawsuit by the copyright collective. That represents an enormous win both for York and for a fair approach to copyright licensing that ensures users have licensing choice.

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April 23, 2020 11 comments News
Internet Archive Servers by John Blyberg (CC BY 2.0) https://flic.kr/p/bFdeZA

The LawBytes Podcast, Episode 47: Brewster Kahle, Chris Freeland and Kyle Courtney on the Internet Archive’s National Emergency Library

Communities around the world raced to respond to the coronavirus pandemic last month by shutting down as businesses, schools, and libraries were rendered unavailable seemingly in an instant. One of the effects of the shutdown was that hundreds of millions of books were immediately made inaccessible to students, teachers, and the wider community.  The Internet Archive responded with the National Emergency Library, a tweaked version of its Controlled Digital Lending program that brings scanned versions of millions of lawfully acquired books to readers under strict controls.

I’ve been a longstanding board member of Internet Archive Canada and was pleased to be joined on the podcast by Brewster Kahle (founder of Internet Archive), Chris Freeland (Director of Open Libraries at Internet Archive), and Kyle Courtney (lawyer, librarian and the copyright advisor at Harvard University) to talk about the Internet Archive, controlled digital lending, the National Emergency Library, and the copyright implications of recent developments.

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April 20, 2020 3 comments Podcasts
2021 "George Orwell's book "1984" and a smartphone. Modern cell phones as a means of surveillance and control." by Ivan Radic (CC BY 2.0 US). https://flic.kr/p/2kCMEbJ

Stories from the Open Gov: Professor Michael Geist: COVID-19 Privacy and Data Trade-Offs

I appeared on episode 17 of the Stories from the Open Gov Podcast, hosted by Richard Pietro on April 7, 2020.

In this episode, Richard and I talked about conflicting interests in privacy and interests in the use of personal data in an attempt to contain COVID-19.

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April 7, 2020 Comments are Disabled ExtPodcasts