Articles by: Michael Geist

The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright

The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright

Copyright cases typically only reach the Supreme Court of Canada once every few years, ensuring that each case is carefully parsed and analyzed. As readers of this blog know, on July 12, 2012, the Supreme Court issued rulings on five copyright cases in a single day, an unprecedented tally that shook the very foundations of copyright law in Canada.  In fact, with the decisions coming just weeks after the Canadian government passed long-awaited copyright reform legislation, Canadian copyright law experienced a seismic shift that will take years to sort out.

I am delighted to report that this week the University of Ottawa Press published The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, an effort by many of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The book is available for purchase and is also available as a free download under a Creative Commons licence. The book can be downloaded in its entirety or each of the 14 chapters can be downloaded individually. This is the first of a new collection from the UOP on law, technology and society (I am pleased to serve as the collection editor) that will be part of the UOP’s open access collection.

This book features fourteen articles on copyright written by independent scholars from coast to coast. The diversity of contributors provides a rich view the copyright pentalogy, with analysis of the standard of review of copyright decisions, fair dealing, technological neutrality, the scope of copyright law, and the implications of the decisions for copyright collective management.

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May 2, 2013 12 comments Books, Chapters, News

Your Information is Not Secure: Thousands of Government Privacy Breaches Point to Need for Reform

As Canadians focused last week on the aftermath of the Boston Marathon bombing and the RCMP arrests of two men accused of plotting to attack Via Rail, the largest sustained series of privacy breaches in Canadian history was uncovered but attracted only limited attention.  Canadians have faced high profile data breaches in the past – Winners/HomeSense and the CIBC were both at the centre of serious breaches several years ago – but last week, the federal government revealed that it may represent the biggest risk to the privacy of millions of Canadians as some government departments have suffered breaches virtually every 48 hours.

The revelations came as a result of questions from NDP MP Charlie Angus, who sought information on data, information or privacy breaches in all government departments from 2002 to 2012.  The resulting documentation is stunning in its breadth.

My weekly technology column (Toronto Star version, homepage version) notes that virtually every major government department has sustained breaches, with the majority occurring over the past five years (many did not retain records dating back to 2002). In numerous instances, the Privacy Commissioner of Canada was not advised of the breach.

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April 30, 2013 8 comments Columns

Your Information is Not Secure: Thousands of Government Privacy Breaches Point to Need for Reform

Appeared in the Toronto Star on April 27, 2013 as Your Information is Not Secure in Ottawa As Canadians focused last week on the aftermath of the Boston Marathon bombing and the RCMP arrests of two men accused of plotting to attack Via Rail, the largest sustained series of privacy […]

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April 29, 2013 Comments are Disabled Columns Archive

Copyright Board of Canada Admits to “Palpable Error” in Music Tariff Decision

The Copyright Board of Canada has released a decision in which it admits to palpable error that resulted in a hugely inflated tariff. The case involved a tariff for SODRAC for reproduction of music works in cinematographic works for private use of for theatrical exhibition.  The Canadian Association of Film […]

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April 29, 2013 4 comments News

Canadian Government Quietly Drops Lawful Access From Its Cyber-Security Strategy

Jesse Brown had an interesting post  yesterday that raised concerns about the prospect that the government might use mounting fears over cyber-bullying to re-start their failed lawful access legislation. While it is important to remain vigilant about the possibility of the re-emergence of Internet surveillance legislation, I think a more important signal suggests the bill really is dead (at least until after the 2015 election).

First, Bill C-30 actually did include a provision that could arguably be used to help address cyber-bullying. It wasn’t the provisions involving privacy and surveillance, but rather the expansion of a Criminal Code provision on harassment. Section 372(3) currently provides:

Every one who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of an offence punishable on summary conviction.

The limitation to harassing phone calls would seemingly exclude instances of cyber-bullying. Bill C-30 would have made provision technology neutral:

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April 26, 2013 2 comments News