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Shaw Go Wifi by Mack Male (CC BY-SA 2.0) https://flic.kr/p/hbkTu1

No Mandated Netflix Cancon Payments: Shaw Argues Success Lies in More Regulatory Flexibility in BTLR Submission

Yesterday’s post on the still-secret broadcast and telecommunications review submissions obtained under Access to Information focused on Bell, which proposed extensive new regulations for Netflix that would result in hundreds of millions in payments that could spark a trade battle with the United States. The major Canadian communications companies are not united on this issue, however.  While there are similarities on wireless (most oppose mandated MVNOs), the broadcast perspectives differ significantly. This post reveals some of the details in Shaw’s submission to the BTLR, also obtained under ATIP.

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May 29, 2019 5 comments News
BELL CANADA 2016 by Jose de Francisco https://flic.kr/p/GJHtQW (CC BY-SA 2.0)

Self-Serving in the Extreme: Bell’s Broadcast and Telecom Submission to the BTLR Revealed

The government’s expert panel on broadcast and telecommunications law reform is expected to release its preliminary report on the results of its public consultation next month. The panel has remarkably kept the submissions to the consultation secret, rejecting an open and transparent policy making process that the government insists is essential to good policy development. I filed an Access to Information Act request for some of the more notable submissions (some have been made available and are posted online by the FRPC). An interim release of that request just arrived in my inbox and I’ll have a couple of posts on point over the next few days.

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May 28, 2019 22 comments News
Proper old school piracy! by Gary Denham (CC BY-ND 2.0) https://flic.kr/p/8qqZcp

The “Bulte Report” Redux: Canadian Heritage Committee Releases Embarrassingly One-Sided Remuneration Models Study

The Canadian government announced its plans for a copyright review in December 2017, tasking the Standing Committee on Industry, Science and Technology with the review. That report has been in the drafting stage for several months and is expected before the summer. In an effort to dampen concerns that Canadian Heritage would play a diminished role in the review, the responsible ministers asked the Industry committee to ask the Heritage committee to conduct a review on remuneration models for artists and creative industries. The formal request asked the Standing Committee on Canadian Heritage to “call upon the expertise of a broad range of stakeholders impacted by copyright to ensure a holistic understanding of the issues at play.”

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May 15, 2019 13 comments News
Rear View of Man Working in Office by Pixabay https://www.pexels.com/photo/rear-view-of-man-working-in-office-256401/ Creative Commons Zero (CC0)

Myths and Reality About Canadian Copyright Law, Fair Dealing and Educational Copying

Seeking to debunk many of the misleading claims on the state of Canadian copyright, fair dealing and education, I’m grateful that InfoJustice.org has published my post on the myths and realities of the current situation. The post relies on actual data presented at the recent copyright review to demonstrate how the Canadian market has experienced increased spending on licensing, e-book licensing has been a central part of the education licensing strategy, and educational institutions are paying for licences even when they retain collective licences.

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May 1, 2019 1 comment News
Screenshot from Wikipedia’s #FairCopyrightOz campaign, CC BY-SA 3.0 https://creativecommons.org/2017/05/23/wikipedia-says-time-fair-use-australia/

My ADA Keynote: What the Canadian Experience Teaches About the Future of Copyright Reform

In late March of this year, I travelled to Canberra, Australia to deliver a keynote address at the Australian Digital Alliance’s 2019 Copyright Forum. The ADA is a leading voice on copyright issues in Australia and its annual Copyright Forum brings together government, creators, education, libraries, and the broader public to explore copyright issues. This year’s event included innovative film makers, the President of the Australian Society of Authors, European Parliament MEP Julia Reda, as well as leading academics, trade negotiators, government policy experts, and many others.

My talk focused on the Canadian copyright experience, using real data to dispel the misleading claims about the impact of Canada’s 2012 reforms. A video of the keynote has been posted to YouTube and is embedded below.

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April 17, 2019 1 comment News