Columns

The Year in Tech Law and Policy: My Annual A to Z Review

The past twelve months in law and technology were exceptionally active, with new legislation, Canadian Radio-television and Telecommunications Commission hearings, national consultations, and very public battles over digital issues. My weekly technology law column (Toronto Star version, homepage version) takes a look back at 2009 from A to Z: A […]

December 28, 2009 — 4 comments — Columns

EU Demands for Trade Deal Would Reshape Canadian IP Law

More than 20 years ago, Canada negotiated a free trade agreement with the United States that attracted enormous public attention. The first FTA – to be followed a few years later by the North American Free Trade Agreement that brought Mexico into the mix – played a pivotal role in a national election and ultimately resulted in dramatic changes to the economy and Canadian law.

My weekly technology law column (Toronto Star version, homepage version) notes that earlier this year, Canada and the European Union announced plans to negotiate a Comprehensive Economic and Trade Agreement (CETA), possibly the biggest Canadian trade negotiations since NAFTA. The first round of talks took place in Ottawa in October, yet the treaty has generated practically no public scrutiny. That may change following the leak last week of the European Union's proposed intellectual property chapter.

December 21, 2009 — 18 comments — Columns

Canada Dragging Its Feet on Open Data Initiatives

Earlier this year, I wrote about the budding momentum behind governments making their data more readily available to the public for reuse. Open data initiatives have generated dozens of commercial and non-commercial websites that add value to the government data. Some make the data more understandable by using interactive maps to provide visuals about where activities are taking place (e.g. government stimulus spending). Others make the data more accessible by offering services to customize or deliver government information (e.g. postal codes to allow public interest groups to launch advocacy campaigns).

The crucial aspect behind these initiatives is that the government makes the data available in open formats free from restrictive licences so companies and civil society groups can create innovative websites, tools, and online services.

My weekly technology law column (Toronto Star version, homepage version) notes that last week the global open data movement received a big boost in three countries that is sure to leave Canadians wondering why their government has been so slow to move on this issue.

December 14, 2009 — 12 comments — Columns

Canadian Recording Industry Faces $6 Billion Copyright Infringement Lawsuit

Chet Baker was a leading jazz musician in the 1950s, playing trumpet and providing vocals. Baker died in 1988, yet he is about to add a new claim to fame as the lead plaintiff in possibly the largest copyright infringement case in Canadian history. His estate, which still owns the copyright in more than 50 of his works, is part of a massive class-action lawsuit that has been underway for the past year.

As my weekly technology law column (Toronto Star version, homepage version) notes, the infringer has effectively already admitted owing at least $50 million and the full claim could exceed $6 billion. If the dollars don’t shock, the target of the lawsuit undoubtedly will: The defendants in the case are Warner Music Canada, Sony BMG Music Canada, EMI Music Canada, and Universal Music Canada, the four primary members of the Canadian Recording Industry Association.

The CRIA members were hit with the lawsuit [PDF] in October 2008, after artists decided to turn to the courts following decades of frustration with the rampant infringement (I am adviser to the Canadian Internet Policy and Public Interest Clinic, which is co-counsel, but have had no involvement in the case). The claims arise from a longstanding practice of the recording industry in Canada, described in the lawsuit as "exploit now, pay later if at all." It involves the use of works that are often included in compilation CDs (ie. the top dance tracks of 2009) or live recordings. The record labels create, press, distribute, and sell the CDs, but do not obtain the necessary copyright licences.

Instead, the names of the songs on the CDs are placed on a "pending list", which signifies that approval and payment is pending. The pending list dates back to the late 1980s, when Canada changed its copyright law by replacing a compulsory licence with the need for specific authorization for each use. It is perhaps better characterized as a copyright infringement admission list, however, since for each use of the work, the record label openly admits that it has not obtained copyright permission and not paid any royalty or fee.

December 7, 2009 — 104 comments — Columns

Broadcaster Plan Involves More Than Just Fee-For-Carriage

In the weeks leading to the CRTC hearing on broadcasting licences, Canadians were inundated with splashy advertising campaigns claiming that new fees for local signals were either a TV tax or would save local television. With all of the major broadcasters and cable companies appearing before the commission, the fee-for-carriage (or value-for-signal) issue unsurprisingly took centre stage at last week's hearing.

Yet those convinced that the broadcaster plan was limited to a new fee were in for a rude awakening. My weekly technology law column (Toronto Star version, homepage version) notes that fee-for-carriage is only part of the story, as broadcasters are also seeking to block U.S. signals, leave some Canadian communities without over-the-air television, and delay the transition to digital television transmission until 2013.

The prospect of blocking U.S. television signals will come as a shock to many, but both CTV and Canwest, Canada's two largest private broadcasters, have asked the CRTC to establish a new program deletion policy.

November 23, 2009 — 24 comments — Columns