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Gutenberg Galaxy by Marshall McLuhan by no_typographic_man (CC BY-NC-ND 2.0) https://flic.kr/p/8hhvER

Registration for Extension: My Submission to the Copyright Term Extension Consultation

Earlier this year, the Canadian government launched a timid consultation on copyright term extension. After years of rejecting copyright term extension beyond the international law standard of life of the author plus 50 years, the Canadian government caved to pressure from the United States by agreeing to the equivalent of life of the author plus 70 years in the U.S.-Canada-Mexico Trade Agreement (USMCA). With a 30 month transition period to allow for consultation, this represents an opportunity to mitigate against the harms of term extension.

I submitted my response last night and it is posted here. The submission cites a wide range of experts – including Justice Minister David Lametti and former US Register of Copyrights Maria Pallante for the proposition that registration for the additional 20 years is not only permissible under international law, it is desirable.  I also include a lengthy appendix of the some of the Canadian authors and leaders whose works will not enter the public domain if term is extended. These include Gabrielle Roy, Marshall McLuhan, Margaret Laurence, Louis St. Laurent, John Diefenbaker, Tommy Douglas, René Lévesque, Jean Lesage, John Robarts, and Bora Laskin.

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April 1, 2021 4 comments Committees, News
Blocked websites by Tactical Technology Collective https://flic.kr/p/8KDGTc (CC BY-SA 2.0)

Blocking is Back: Why Internet Blocking is the Next Big Canadian Policy Battle

In early 2018, Bell led a consortium of companies and organizations arguing for the creation of a new website blocking system in Canada. Complete with a new anti-piracy agency and CRTC stamp of approval, the vision was to create a new system to mandate site blocking across ISPs in Canada. Canadians challenged the so-called FairPlay proposal and the CRTC rejected the Bell application on jurisdictional grounds. Since that time, the Canadian courts have been dealing with site blocking requests (the Federal Court of Appeal is soon set to hear arguments on the issue) and the Canadian copyright review conducted by the Standing Committee on Industry, Science and Technology decided against recommending the creation of a new administrative system for site blocking.

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March 17, 2021 31 comments News
IMG_0050 by Rory (CC BY 2.0) https://flic.kr/p/fKpEr4

Higher Prices, Less Competition: Some Reflections on the Proposed Rogers – Shaw Merger

Having spent a good chunk of Monday talking to reporters about the proposed Rogers merger with Shaw, I thought it might be worth highlighting my initial three takeaways. First – and this is stating the obvious – the deal will result in higher prices and less competition. There is no need to overthink any of this. Removing a company that some have touted as the best chance at a viable national fourth carrier would leave some of Canada’s biggest markets (notably Ontario, Alberta, and B.C.) without a much needed competitor. Canadians already pay some of the highest prices for wireless services in the world and if this merger is approved, the situation will only get worse. Indeed, when Rogers promises that it will not raise prices for Shaw/Freedom Mobile customers for three years, it is effectively committing to raising them as soon as the clock runs out on that timeline.

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March 16, 2021 10 comments News
Wrong Direction by Thomas Hawk (CC BY-NC 2.0) https://flic.kr/p/2g4TPYt

Wrong Direction: Months After Bill C-10 is Tabled, Canadian Heritage Releases Draft Policy Direction Still Short on Details

Months after its introduction, it is fair to say that Bill C-10, the broadcasting reform bill, has not been the government’s finest performance. Canadian Heritage Minister Steven Guilbeault has made claims about the economic benefits that his own department is unable to support, made inaccurate statements about the inclusion of economic thresholds and news in the bill in the House of Commons, and misleadingly compared his plans to the policies in Europe.

From a substantive perspective, even supporters have acknowledged that the bill eliminates the policy objective of Canadian ownership of the broadcasting system (Canadian Heritage officials have offered easily debunked talking points about the issue), drops the prioritization of Canadian performers, fails to address concerns about intellectual property ownership, and punts so many issues to the CRTC that it will take years for any new money to enter the system. If that were not enough, there is the failed process, including fast-tracking the bill to committee before completing second reading and the prospect of a constitutional challenge. Not to be forgotten is the astonishing secrecy: decreased Parliamentary oversight of policy directions and the need for MPs to demand access to basic documents such as costing estimates and draft policy directions that were withheld by Guilbeault and his department.

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March 12, 2021 20 comments News
Deeplink by Dirk Vorderstraße (CC BY-NC 2.0) https://flic.kr/p/A3ZMGM

The Key Takeaway From Steven Guilbeault’s Facebook Use: Linking Should Not Require a Licence

My post yesterday on Canadian Heritage Minister Steven Guilbeault’s Facebook use generated considerable attention as many noted the obvious inconsistencies for a Minister that has described linking to news stories on social media sites without payment as immoral, while at the same time actively linking to news stories on his own Facebook feed. While it is difficult to set aside the uploaded broadcaster videos without referral links (which raise thorny copyright issues for someone who shares responsibility for copyright law) and the thousands spent advertising on Facebook (given that Guilbeault has called for reduced digital ad spending), I think the key takeaway comes from his linking to news stories at a number of leading Canadian sources.

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March 10, 2021 6 comments News