For years, Canada resisted extending the term of copyright beyond the international standard of life of the author plus 50 years. That appears to have come to an end with the USMCA, which requires an extension. The Canadian government has just launched a public consultation on the issue, identifying several “accompanying measures” to address concerns about the negative impact of term extension. For the many Canadians that participated in the recent copyright review process, the consultation document comes as huge disappointment as it seemingly rejects – with little legal basis – the review’s recommendation on establishing a registration requirement for the additional 20 years that would benefit both creators and the public.
The consultation is currently open until March 12th. Duke University’s Jennifer Jenkins, who is is a Clinical Professor of Law teaching intellectual property and Director of Duke’s Center for the Study of the Public Domain, joins the Law Bytes podcast this week to help sort through the likely implications of copyright term extension for Canada.
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Canadian Heritage Minister Steven Guilbeault seems set to table another bill that would establish Internet content regulations, including requirements for Internet platforms to proactively remove many different forms of content, some illegal and others harmful or possibly even “hurtful.” Few would argue with the proposition that some regulation is needed, but venturing into government regulated takedown requirements of otherwise legal content raises complex questions about how to strike the balance between safeguarding Canadians from online harms and protecting freedom of expression.
Vivek Krishnamurthy, is a colleague at the University of Ottawa, where he is the Samuelson-Gluschko Professor of Law and serves as the director of CIPPIC, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic. He joins the Law Bytes podcast to talk about the complexities of Internet content regulation and the risks that overbroad rules could stifle expression online and provide a dangerous model for countries less concerned with online civil liberties.
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The Standing Committee on Canadian Heritage last week started what it is calling a pre-study on Bill C-10, the Broadcasting Act reform bill. The hearings raises some significant procedural concerns given that the bill has not yet passed second reading so the committee is technically conducting a study about the bill, rather than studying the bill itself. Moreover, committee members have indicated that they have already been invited to provide potential amendment to a bill that hasn’t even made it out to committee, much less been the subject of any study.
Despite those qualms, I was pleased to be invited to appear before the committee and discuss some of the concerns that I’ve identified with the bill. This week’s podcast features my opening statement and the full exchanges that I had with Conservative MP Keven Waugh and Liberal MP Marcie Ian. The audio isn’t ideal, but I hope that the recordings give a sense of both the policy concerns with the bill and the kinds of questions being asked.
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Digital tax policy has emerged as major issue around the world. Canada is no exception. Late last year, the Canadian government announced plans to act on all three fronts: Bill C-10 seeks to address mandated Cancon payment and Finance Minster Chrystia Freeland has promised digital sales taxes by July and what sounds like a digital services tax in 2022.
What is a DST and how might Canada’s digital tax plans play out on the international front? I spoke with Georgetown University professor Itai Grinberg, a leading expert on cross-border taxation and digital tax issues on December 15, 2020, shortly after the government’s announcement. He joined the Law Bytes podcast to talk about the longstanding approach to multi-national tax policy and the emerging challenges that come from the digital economy.
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The Law Bytes podcast took a breather over the holidays and into early January, but there seemingly is no break for digital policy issues. Over the past few weeks, Internet platforms have found themselves squarely in the public eye as company after company – from Shopify to Twitter to Facebook de-platformed former US President Donald Trump in response to the events in Washington earlier this month. Dr. Heidi Tworek of the University of British Columbia is one of Canada’s most prolific thinkers on Internet platform policies. She joins the podcast for a conversation about the role and responsibilities of Internet platforms, proposals for payments in the news sector, and insights what governments should be doing about better communicating with the public about the COVID-19 global pandemic.
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