Articles by: Michael Geist

Prime Minister’s Privacy Policy Requires a Re-Write

Appeared in the Toronto Star on July 29, 2012 as Prime Minister’s Privacy Policy Requires a Re-Write As public concern over Internet privacy has grown in recent years, one of the first responses is invariably to focus on the need for improved disclosure through easily accessible website privacy policies. The […]

Read more ›

July 31, 2012 1 comment Columns Archive

CRTC Message to Broadcasters: Regulatory Games Coming to an End

Last week, the Canadian Radio-television and Telecommunications Commission announced that it is terminating the Local Programming Improvement Fund (LPIF). The fund, which was established in 2008, funneled over $300 million to broadcasters to support the creation of local programming. The decision caught the industry by surprise with the CBC calling it “astonishing” and Bell Media saying it is a “major concern.”

Yet the end of the LPIF is only the latest in a series of moves that unravel recent regulatory efforts to provide broadcasters with increased financial support. My weekly technology law column (Toronto Star version, homepage version) notes the courts and the Commission have sent a clear signal that broadcasters should focus on marketplace success, not manipulating the regulatory system.

Read more ›

July 24, 2012 8 comments Columns

CRTC’s Message to Broadcasters: Regulatory Games Coming To An End

Appeared in the Toronto Star on July 22, 2012 as CRTC’s Message to Broadcasters: Regulatory Games Coming to an End Last week, the Canadian Radio-television and Telecommunications Commission announced that it is terminating the Local Programming Improvement Fund (LPIF). The fund, which was established in 2008, funneled over $300 million […]

Read more ›

July 24, 2012 1 comment Columns Archive

How the Supreme Court of Canada Doubled Down on Users’ Rights in Copyright

I’ve posted several pieces on the recent Supreme Court of Canada copyright decisions, including an immediate overview, a piece on why Canada has shifted to fair use, an analysis of the inclusion of a technological neutrality principle, a discussion on the implication for Access Copyright, and a high level look at the key issues. This final post in the series tries to provide a broader context for what just occurred as the decisions mark the culmination of a ten year transformation of copyright at Canada’s highest court. Over the years, many have expressed doubts about this transformation, yet these five cases should put to rest the debate over whether a balanced analysis of the Copyright Act that prioritizes both creator and user rights has been entrenched in Canadian copyright law.

The shift began in 2002 with the Theberge decision, in which Justice Binnie for the majority discussed the copyright balance:

Read more ›

July 23, 2012 6 comments News

Copyright Board Begins to Life After Supreme Court Rulings

Barry Sookman reports that the Copyright Board of Canada has issued an order to parties in the satellite radio services case to address the implications of the recent Supreme Court of Canada copyright decisions. It notes that “given the reasons of the majority in Alberta (Education) v. Canadian Copyright Licensing […]

Read more ›

July 23, 2012 2 comments News