The creation of an Artists’ Resale Right has been adopted in many countries to at best mixed reviews. They’re unsurprisingly widely supported by potential beneficiaries, but the data on who actually benefits raises real questions about the wisdom of the policy. Canada may be headed in the same policy direction as the government recently announced in its budget plans to introduce the measure. Professor Guy Rub is the Vincent J. Marella Professor of Law at Temple University’s Beasley School of Law and an expert in the intersection between intellectual property law, commercial law, the arts, and economic theory. Professor Rub has written critically about the Artists’ Resale Right including as part of a submission to a House of Commons committee that studied the issue several years ago. He joins the Law Bytes podcast to discuss the policy measure and its drawbacks, including his view that it primarily benefits artists who are wealthy, old, or dead.
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The Most Unworkable Internet Law in the World: Quebec Opens the Door to Mandating Minimum French Content Quotas for User Generated Content on Social Media
The Quebec government has amended its Internet streaming legislation by removing an exemption for social media services, establishing the most unworkable social media regulation in the world with companies required to meet both French language minimum content quotas and discoverability requirements. I previously argued that Bill 109, which has now completed its clause-by-clause review, is unconstitutional, unnecessary, and unworkable. If enacted into law, it is sure to face a constitutional challenge and the prospect that streaming services such as Netflix and Spotify will either block the Quebec market or be forced to remove considerable English and foreign language content in order to comply. The result will mean less choice for Quebec-based subscribers without any requirements for more Quebec content (the law applies to French language content, not Quebec-based content).
Incredibly, the government, led on the file by Minister of Culture and Communications Mathieu Lacombe, has managed to make an awful bill even worse.
CRTC Says No Regulatory Action Planned Against Meta For Blocking News Links
In the months leading up to the effective date of the Online News Act, then-Canadian Heritage Minister Pascale St-Onge urged the CRTC to investigate Meta’s decision to block news links on its Facebook and Instagram platforms as its method of compliance. Pointing to reports of people screenshotting news articles and the use of other workarounds the blocking of news links that came in response to the Online News Act (Bill C-18), St-Onge said “I cant wait to see what the CRTC will do when the law is fully enforced on Dec. 19.” As the law took effect and the issue grew, the CRTC did indeed send Meta a letter in October 2024 asking for information on how the company was complying with the legislation. I wrote about this request soon afterward, providing a detailed analysis of the law that sought to explain why some news sites might fall outside the scope of the legislation along with the legal grey area of screenshots.
This week, the CRTC finally responded to Meta on the issue.
The Law Bytes Podcast, Episode 252: Len St-Aubin on the CRTC’s Plan To Modernize Canadian Content Rules
The CRTC recently released its much anticipated decision on Canadian content rules, the first of two decisions that could reshape broadcasting and film/TV production in Canada. The Commission promoted its Cancon approach as offering new flexibility into the system but the fine print matters as some changes may be more restrictive than they appear at first glance. To help make sense of the decision, Len St-Aubin, the former Director General of Telecommunications Policy at Industry Canada, joins the Law Bytes podcast. Len provided consulting services to Netflix until 2020 and has since been an active participant in the debate on Internet policy as part of the Canadian Internet Society.
Why Freedom of Expression Must Not Become a Right to Harass or Intimidate
My latest Globe and Mail op-ed opens by noting that my grandparents arrived in Canada in 1948, seeking to build a new life after surviving the Holocaust and knowing that most of their family had been killed in the death camps. They settled in Toronto, and in their later years moved to the northern part of the city, where my grandfather would go on daily walks in his predominantly Jewish residential area. He passed away many years ago, but those walks came to mind recently as I watched video of masked protesters roaming the same streets in north Toronto, leaving many residents fearful of leaving their homes.
Recent Posts
The Law Bytes Podcast, Episode 253: Guy Rub on the Unconvincing Case for a New Canadian Artists’ Resale Right 
The Most Unworkable Internet Law in the World: Quebec Opens the Door to Mandating Minimum French Content Quotas for User Generated Content on Social Media 
CRTC Says No Regulatory Action Planned Against Meta For Blocking News Links 
The Law Bytes Podcast, Episode 252: Len St-Aubin on the CRTC’s Plan To Modernize Canadian Content Rules 
Why Freedom of Expression Must Not Become a Right to Harass or Intimidate
