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Cancon Week

This is shaping up to be a big week for Canadian content issues. On Thursday the CRTC will issue its satellite radio decision which is likely to feature discussion on how Canadian content requirements can or will be ported from traditional radio to satellite radio. Meanwhile, the Canadian Press is […]

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June 13, 2005 Comments are Disabled News

Wishful Thinking

The Globe and Mail's Jack Kapica has posted in an interesting story on a recent appearance on Canada AM by CRIA President Graham Henderson. Discussing the upcoming copyright bill, Henderson told viewers that "That there is no question that there is language in this proposed bill that is going to […]

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June 10, 2005 Comments are Disabled News

CRIA’s New Take on Copyright Reform

"This is terrific news. Canada is one step closer to having a copyright law that will reflect the realities of the digital marketplace and allow the music industry a chance to prosper. We want to thank the government and the opposition parties for their support in getting to this stage." […]

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June 8, 2005 Comments are Disabled News

Fact and Fiction

With the government likely to introduce copyright legislation sometime in the next week or two, Canadians are likely to face a barrage of rhetoric from copyright owners, alternately saluting the government for introducing a copyright bill while also criticizing them for not going far enough to protect Canada's cultural industries.

I am certain I will have a thing or two to say about the bill once it is introduced, though assuming the government follows the plan unveiled in March, Canada is likely to get a bill that overwhelmingly addresses copyright owner interests (making available right, protection for technical protection measures rather than from them, new copyright rights for photographers and performers of sound recordings, etc.) with little for millions of individual Canadians other than the cold comfort that it could have been worse (the U.S. implementation of TPM protection and the adoption of a notice and takedown system, for example). There will be nothing on reforming the statutory damages provisions, moving toward fair use (as the Australians are considering), eliminating crown copyright, providing for greater transparency of the copyright collectives so Canadians have a better understanding of where the hundreds of millions of dollars collected each year ends up, and embracing policies that support the incredible flourishing of creativity that we are seeing on a daily basis today online.

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June 8, 2005 Comments are Disabled News

File Sharing and Canadian Copyright Law

My regular Law Bytes column (freely available hyperlinked version; Toronto Star version, homepage version) features the second part of an examination of the recent Canadian Federal Court of Appeal decision involving the recording industry's attempt to identify 29 alleged file sharers. After considering the privacy issues last week, this column moves to the copyright implications by considering three questions: can the Canadian recording industry sue file sharers? Can it win such suits? And what legal reverberations might ensue if it does win?

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June 6, 2005 Comments are Disabled Columns