Articles by: Michael Geist

Supreme Court Grants Leave to Hear Song Previews as Fair Dealing Case

Fair dealing is heading back to the Supreme Court of Canada.  This morning, the court granted leave to hear an appeal of SOCAN v. Bell Canada, the case in which the Federal Court of Appeal confirmed that 30 second song previews can constitute fair dealing under the Copyright Act since […]

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December 23, 2010 10 comments News

Canadian Education Faces Technology Tipping Point

Canadian universities and colleges have undergone a remarkable technological transformation over the past decade.  Ten years ago laptops were relatively rare in classrooms, yet today virtually every student comes to buildings outfitted with electric outlets and Internet connectivity at each seat equipped with one.  Course websites were once little more than places to post a syllabus and a list of readings, but today they feature podcasts, webcasts, the actual course readings, and space for ongoing discussion and debate.

While technology has become a core part of the educational process, my weekly technology law column (Toronto Star version, homepage version) notes it has often been treated as a complement – rather than a replacement – for traditional educational materials.  Libraries still spend hundreds of millions of dollars on physical books and journals, some professors still generate paper-based coursepacks, and the schools themselves still pay millions of dollars in copying licensing fees.

The two-track approach may have made initial sense, but the costs of maintaining both are increasingly forcing universities to consider whether technology can replace conventional approaches. The tipping point toward using technology as a replacement may have come this year when Access Copyright, the copyright collective that licenses copying on Canadian campuses, demanded a significant increase in the fees associated with photocopying articles and producing printed coursepacks.

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December 23, 2010 11 comments Columns

Canadian Education Faces Technology Tipping Point

Appeared in the Toronto Star on December 19, 2010 as Canadian Education Faces Technology Tipping Point   Canadian universities and colleges have undergone a remarkable technological transformation over the past decade.  Ten years ago laptops were relatively rare in classrooms, yet today virtually every student comes to buildings outfitted with […]

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December 23, 2010 Comments are Disabled Columns Archive

CanLII Seeking New President

CanLII, a leader in free access to law, is seeking a new President.  If you’re interested, please apply (I’m a CanLII board member).

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December 22, 2010 1 comment News

Wikileaks ACTA Cables Reveal Concern With U.S. Secrecy Demands

The Guardian has posted two Wikileaks cables that focus on the Anti-Counterfeiting Trade Agreement.  The first is from Italy in November 2008.   It provides a useful reminder that the U.S. at one time hoped to conclude the ACTA negotiations by the end of 2008 (and the George Bush term).  The cable quotes the Italian head of the IP office within the Ministry of Foreign Affairs as saying that timeline was unrealistic:

European countries are likely to ask for a slowdown in negotiations because of opposition to the EU commission’s involvement in negotiating portions of the treaty, disagreements over the confidentiality level of the negotiations, and the absence of geographical indications from the agreement.

The official also noted opposition among member states with the European Commission negotiating criminal matters and ongoing frustration with the level of secrecy associated with ACTA that made it impossible to properly consult stakeholders:

The level of confidentiality in these ACTA negotiations has been set at a higher level than is customary for non-security agreements. According to Mazza, it is impossible for member states to conduct necessary consultations with IPR stakeholders and legislatures under this level of confidentiality. He said that before the next round of ACTA discussions, this point will have to be renegotiated.

The official characterized ACTA as “TRIPS Plus” and noted (correctly) that geographic indications was likely to become a major sticking point.

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December 22, 2010 5 comments News