With the Industry committee’s copyright review winding down, I appeared yesterday before the committee to discuss the state of Canadian copyright. The wide ranging two hour discussion focused on everything from fair dealing to crown copyright to concerns that publishers don’t fairly compensate authors for their digital licensing revenues. My opening statement placed the spotlight on five issues: educational copying, site blocking, the so-called value gap, the impact of the copyright provisions of the CUSMA, and potential reforms in support of Canada’s innovation strategy. An audio version and transcript of the opening statement is posted below.
Blog
A Failure of Enforcement: Why Changing the Law Won’t Fix All That Ails Canadian Privacy
Canadian Privacy Commissioner Daniel Therrien renewed his call for an overhaul of Canada’s private-sector privacy legislation this week. Responding to a national data consultation launched by Innovation, Science and Economic Development Minister Navdeep Bains, Therrien recommended enacting a new law that would include stronger enforcement powers, meaningful consent standards and the extension of privacy regulations to political parties. My Globe and Mail op-ed argues that while the need for a modernized privacy statute has been evident for some time, Canada’s privacy shortcomings are not limited to a decades-old legal framework struggling to keep pace with technological change.
“Why Are You Recommending Notice and Takedown?”: The Canadian Bar Association’s Puzzling Position at the Copyright Review
The Canadian Bar Association appeared before the Standing Committee on Industry, Science and Technology earlier this week as part of the nearly-concluded copyright review. The CBA submitted an odd brief that focused on a mix of issues, including anti-counterfeiting, notice-and-notice, and artists’ resale rights. The notice-and-notice comments captured the attention of at least one MP, who was left puzzled by the position.
Boycott: What If The CRTC Launched a Consumer Internet Code and Consumer Groups Refused to Participate in its Development?
Last month, the CRTC announced plans to create an Internet Code of Conduct. The CRTC promised that the code would establish “consumer friendly business practices, provide consumers with easy-to-understand contracts, ensure consumers have tools to avoid bill shock, and make it easier for consumers to switch providers.” The code attracted some initial criticism due to the wide range of exclusions – everything from net neutrality to privacy to broadband speeds falls outside its scope – but in recent days an even bigger concern has emerged with several leading Canadian consumer groups actively boycotting the proceeding.
Misleading on Fair Dealing, Part 10: Rejecting Access Copyright’s Demand to Force Its Licence on Canadian Education
My series on misleading on fair dealing concludes today with a post on Access Copyright’s demands for copyright reform. The copyright collective’s strategy is simply to force educational institutions to pay for its licence. It seeks to do so through two legal reforms: (i) restrict the use of fair dealing for education and (ii) massively increase the risk of liability through the imposition of statutory damages. The proposed reforms run directly counter to Canada’s longstanding commitment to balanced copyright, would reduce choice and innovation in licensing content online, and leave students and taxpayers facing risks of multi-million dollar liability that far exceeds the value of any copying.
This ten part series has addressed many of the misleading claims that have surfaced in recent months about fair dealing and copying practices in Canada:
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