Fair dealing – the Canadian version of fair use – has been recognized by the Supreme Court of Canada as a users’ right. The need for a large and liberal interpretation to the right is a cornerstone of Canadian copyright law. With millions of Canadian students at home due to the Coronavirus pandemic, the importance of fair dealing has grown as teachers seek to provide access to teaching materials and ensure they remain compliant with the law. Sam Trosow and Lisa Macklem of Western University recently published a detailed analysis on fair dealing and emergency remote teaching in Canada. They joined me on the podcast to discuss fair dealing, its application during the current pandemic, and recent developments involving reading aloud programs as well as the Federal Court of Appeal decision in York University v. Access Copyright.
The LawBytes Podcast, Episode 48: Sam Trosow and Lisa Macklem on Copyright and Fair Dealing During a Pandemic
The LawBytes Podcast, Episode 47: Brewster Kahle, Chris Freeland and Kyle Courtney on the Internet Archive’s National Emergency Library
Communities around the world raced to respond to the coronavirus pandemic last month by shutting down as businesses, schools, and libraries were rendered unavailable seemingly in an instant. One of the effects of the shutdown was that hundreds of millions of books were immediately made inaccessible to students, teachers, and the wider community. The Internet Archive responded with the National Emergency Library, a tweaked version of its Controlled Digital Lending program that brings scanned versions of millions of lawfully acquired books to readers under strict controls.
I’ve been a longstanding board member of Internet Archive Canada and was pleased to be joined on the podcast by Brewster Kahle (founder of Internet Archive), Chris Freeland (Director of Open Libraries at Internet Archive), and Kyle Courtney (lawyer, librarian and the copyright advisor at Harvard University) to talk about the Internet Archive, controlled digital lending, the National Emergency Library, and the copyright implications of recent developments.
The LawBytes Podcast, Episode 46: Matthew Herder on the Canadian Effort to Break Down Patent Barriers to Accessing Coronavirus Medicines
Bill C-13, the COVID-19 Emergency Response Act, was the Canadian government’s legislative response to the Coronavirus pandemic. In addition a host of economic measures, the bill included some unexpected patent law provisions designed to speed access to essential medicines, devices or treatments. Matthew Herder, the director of the Health Law Institute at Dalhousie University, joins the podcast discuss the new Canadian rules, the use of compulsory licensing to enhance access to medicines, and other innovative approaches to overcoming potential access barriers raised by intellectual property laws.
The LawBytes Podcast, Episode 45: David Porter on the Benefits of Open Educational Resources as Millions Shift to Online Learning
Millions of Canadians are at home, schools are closed, and Canada is undergoing an unprecedented shift to distance or online learning. Adapting course materials to the online learning environment can create significant new challenges for teachers and students alike. Open educational resources (OERs) provides a model for convenient, cost-effective access with no copyright barriers to worry about, expensive texts to purchase, or restrictions on adaptation, customization or re-use. David Porter, who has been a leader in open and distance learning since the 1990s, joins the podcast to discuss how the current shift to online learning places the spotlight on the benefits of OERs and open textbooks.
The LawBytes Podcast, Episode 44: Michael Birnhack on Israel’s Use of Cellphone Tracking to Combat the Spread of Coronavirus
With experts warning that the Coronavirus pandemic may last well into next year, the urgency of limiting the spread of the virus is sure to increase. Cellphone and social media data will increasingly be viewed as a valuable source of information for public health authorities, as they seek to identify outbreaks in communities more quickly, rapidly warn people that they may have been exposed to the virus, or enforce quarantining orders. Israel has implemented a system that involves the collection and use of cellphone location data to identify at-risk individuals, who may receive text messages warning that they need to self-quarantine. That system has been challenged at the Israeli Supreme Court, which last week rejected elements of the plan and established a requirement of Israeli parliament approval for the measures. Tel Aviv University law professor Michael Birnhack joins me on the podcast to discuss the details of the measures and the civil liberties and democratic concerns they raise, even at a time of global crisis.