The debate over copyright and digital locks – technically referred to as anti-circumvention legislation – dates back more than 25 years with creation of the World Intellectual Property Organization’s Internet Treaties and later in Canada with the enactment of the Copyright Modernization Act. The full scope and application of those digital lock rules has been the subject of considerable controversy, particularly over how fair dealing fits into the equation. The Federal Court of Canada recently issued a landmark decision on the issue which concludes that digital locks should not trump fair dealing. CIPPIC, the University of Ottawa’s public interest technology law clinic, raised the key arguments on the issue in an intervention in the case led by James Plotkin, a partner with the law firm Gowlings, and David Fewer, CIPPIC’s Director and General Counsel. They join the Law Bytes podcast to talk about the ruling and to clear up some of the misinformation that has been circulating since its release.
Recent Posts
The Law to Be Named Later: Bill C-34 Punts 50 Key Decisions to Cabinet and a Digital Safety Commission That Does Not Yet Exist 
Everything All At Once: Bill C-34 Combines Platform Duties, a Kids’ Social Media Ban, AI Chatbot Regulation, and a Powerful Digital Safety Commission Into a Risky “Trust Us” Bet 
Yet Another Trade Battle Brewing: Why a Kids’ Social Media Ban Could Put Canada on a Collision Course With the U.S. 
Everything You Wanted to Know About a Kids’ Social Media Ban (But Were Rightly Afraid to Ask): A FAQ on Age Verification and Mandated ID for Everyone 
Bill C-22’s Clause-by-Clause Problem: The Government Includes Agencies Seeking Lawful Access Powers But Blocks the Privacy Commissioner’s Return
