The National Library of the Netherlands has unveiled a strategic plan that includes creating a new national digital infrastructure with access to everything published in and about the Netherlands.
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USTR Launches Public Consultation on Special 301
The USTR has launched a public consultation on the Special 301 report that typically ends with criticism of Canadian law. The Office says it will hold hearings on the report for the first time in an effort to increase participation.
World’s Fair Use Day: Much Work Left in Canada
Today Public Knowledge is sponsoring World's Fair Use Day, described as a day to celebrate the doctrine of fair use and the benefits it brings to creators, innovators, and consumers. As many readers will know, Canada does not have a fair use provision but rather one called fair dealing. Given the focus on fair use, it is worth considering both the breadth of fair dealing in Canada as well as its limits. For those supportive of fair dealing, the good news is that the Supreme Court of Canada has ruled that it is a user right. In CCH Canadian v. Law Society of Upper Canada, a unanimous court ruled:
Before reviewing the scope of the fair dealing exception under the Copyright Act, it is important to clarify some general considerations about exceptions to copyright infringement. Procedurally, a defendant is required to prove that his or her dealing with a work has been fair; however, the fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act than simply a defence. Any act falling within the fair dealing exception will not be an infringement of copyright. The fair dealing exception, like other exceptions in the Copyright Act, is a user’s right. In order to maintain the proper balance between the rights of a copyright owner and users’ interests, it must not be interpreted restrictively.
Yes Men Takedown Trades One Hoax For Another
Last month, the Canadian delegation at the Climate Change Conference in Copenhagen found itself targeted by the Yes Men in a widely publicized hoax. The well-known activists satirized the Canadian government’s position on the environment by launching a pair of phoney websites that looked official but promoted different policies. The hoax attracted considerable media attention, prompting Prime Minister's Office spokesman Dimitri Soudas to label it a childish prank. Soon after, Canadian officials quietly set out to shut down the two websites.
My weekly technology law column (Toronto Star version, homepage version) notes that what followed creates a cause for concern, because Environment Canada appears to have misrepresented the harms posed by the sites in an effort to force them offline without a court order.
Recent Posts
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards 
The Law Bytes Podcast, Episode 230: Aengus Bridgman on the 2025 Federal Election, Social Media Platforms, and Misinformation 
The Law Bytes Podcast, Episode 229: My Digital Access Day Keynote – Assessing the Canadian Digital Policy Record 
Queen’s University Trustees Reject Divestment Efforts Emphasizing the Importance of Institutional Neutrality 
The Law Bytes Podcast, Episode 228: Kumanan Wilson on Why Canadian Health Data Requires Stronger Privacy Protection in the Trump Era
