Earlier this week, I had the opportunity to deliver a keynote lecture at American University, Washington College of Law on NAFTA and the digital environment. A video of the talk can be found here (my remarks start just after 11:40) and is embedded below.
News
Access Copyright Calls for Massive Expansion of Damage Awards of Up To Ten Times Royalties
The Canadian government’s consultation on reform to the Copyright Board recently closed and the 60 written responses were just posted online (my response – which focuses on the public interest role of the Board – can be found here). I will have a more fulsome review of the responses in the weeks ahead, but in the meantime one of the most radical recommendations, from Access Copyright, is worthy of comment. The copyright collective has called for a massive expansion of damage awards, seeking a new statutory damages provision that could result in damage awards ten times the size of actual applicable royalties.
The Government’s Role in E-commerce: My Appearance Before the Standing Committee on International Trade
On the same day that I wrote about the overwhelming volume of hearings, notices, and consultations on digital policy, I also appeared before the House of Commons Standing Committee on International Trade to discuss the role of government policy in fostering the growth of e-commerce. The panel included eBay Canada’s Andrea Stairs (who argued for an increase in the de minimis threshold for consumer imports) and Peter Simons, the CEO of the Simons department store chain (who argued for no de minimis and the application of sales taxes on all purchases regardless of the size or location of the seller). My opening remarks centered on five areas for government action on e-commerce: access to affordable broadband, fostering consumer trust, intermediary liability, intellectual property, and e-commerce in trade agreements.
Canadian Copyright, OA, and OER: Why the Open Access Road Still Leads Back to Copyright
It is open access week and this year I had the honour of delivering the keynote address at a terrific open access event co-sponsored by the Ryerson University Library and Archives and the University of Toronto Libraries. My talk – which can be viewed in full here or from the embed below – starts with a review of the remarkable success of open access over the past 15 years, but quickly shifts toward the continuing connection between balanced copyright and open access.
![By Office of the President of the United States (@realDonaldTrump on Twitter) [Public domain], via Wikimedia Commons https://commons.wikimedia.org/wiki/File%3ADonald_Trump_Justin_Trudeau_2017-02-13_03.jpg](https://www.michaelgeist.ca/wp-content/uploads/2017/10/Donald_Trump_Justin_Trudeau_2017-02-13_03-200x150.jpg)
NAFTA Modernization and IP/E-commerce: My Appearance at the Senate Open Caucus
I appeared earlier this week before the Senate Open Caucus to discuss the IP and e-commerce implications of the NAFTA renegotiation. The panel, which included Jerry Dias, Al Mussel, and Brenda Swick, featured an engaging discussion with senators from across the political spectrum. My opening remarks emphasized three points from a Canadian perspective: meeting international standards, doing no harm, and seeking a level playing field. The comments are posted below.
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