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Copyright Predictions for 2011

Howard Knopf posts 12 copyright law and reform predictions for 2011, with an emphasis on Canada.

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January 4, 2011 1 comment News

Public Domain Day 2011

Wallace McLean offers his annual Public Domain Day list of authors whose works entered into the public domain on January 1, 2011.

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January 4, 2011 Comments are Disabled News

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

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