Michael Geist

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Stacks by Travis Wise (CC BY 2.0) https://flic.kr/p/qs75yk

Copyright Board Ruling Strikes Fair Balance in Heated Education Fight

The role of copyright within the Canadian education system has emerged as a contentious issue in recent years as the Internet and digital technologies have transformed how schools provide students with access to materials. At the centre of the fight are a series of Supreme Court of Canada rulings that establish the boundaries of “fair dealing”, which permits copying of reasonable portions of materials without the need for permission or further compensation.

My weekly technology law column (Toronto Star version, homepage version) notes that last month, the Copyright Board of Canada issued a landmark decision on copying practices in primary and secondary schools, largely affirming the approach adopted by educational institutions. As a result, Access Copyright, the copyright collective that represents publishers and authors, will collect far less for in-school copying than it originally demanded.

March 16, 2016 — 4 comments — Columns

Speak up, make your voice heard by Howard Lake (CC BY-SA 2.0) https://flic.kr/p/9rAjnQ http://www.emergencydentistsusa.com/cost/

The Trouble with the TPP: Canadians Get Their Chance To Speak Out

Yesterday I concluded my 50-day series on the Trouble with the TPP which examined the intellectual property and digital policy issues raised by the agreement. In addition to the posts on this blog, I’ve created some additional ways to work through the various posts including a Medium summary and Storify version with links to all 50 posts.

March 15, 2016 — 6 comments — News

TPP Signing, February 4th, 2016 by US Embassy (CC BY-ND 2.0) https://flic.kr/p/DCM31U

The Trouble With the TPP, Day 50: The Case Against Ratifying the Trans Pacific Partnership

Nearly two-and-a-half months ago, I started a daily examination of the Trans Pacific Partnership focused on the intellectual property and digital policy issues raised by the agreement. My initial plan for the Trouble with the TPP series was to write for one month leading up to the planned signing in New Zealand on February 4th. However, the more I dug into the TPP, the more trouble I found. With this final post in the series, I wrap up the key IP and digital policy concerns with links to all the original posts.

Canadians interested in the TPP now have an opportunity to have their voices heard. The Standing Committee on International Trade has been conducting hearings on the agreement for several weeks and has announced plans for cross-country consultations. Canadians can provide written submissions by April 30th. Alternatively, they can ask the committee to appear as a witness. Details on the committee opportunities can be found here. In addition, Canadians can send their comments directly to Global Affairs Canada, which is managing the government’s consultation. The email address is TPP-PTP.Consultations@international.gc.ca.

Why should Canadians speak out on the TPP? The former co-CEO of Research in Motion Jim Balsillie, Shopify CEO Tobi Lutke, Ford Canada CEO Dianne Craig, the Sierra Club, Doctors Without Borders, Canadian library groups, innovation expert Dan Breznitz, former deputy chief economist at Global Affairs Canada Dan Ciuriak, Canadian publisher Don LePan of Broadview Press, political science professor Blayne Haggart, investment dispute settlement expert professor Gus Van Harten, my colleague Professor Jeremy de Beer, and the Canadian Labour Congress are among those that have voiced concern with the agreement. My assessment of the IP and digital issues in the Trouble with the TPP series identified at least 49 reasons:

March 14, 2016 — 15 comments — News

Donald Trump by Matt Johnson (CC BY 2.0) https://flic.kr/p/CwCd3P

The Trouble With the TPP, Day 49: Why Canada Must Wait For the U.S. to Move on the TPP

The TPP has emerged as a major political issue in the United States with presidential candidates such as Donald Trump, Hillary Clinton, and Bernie Sanders all expressing opposition or concern with the deal. Moreover, House Speaker Paul Ryan has said there are not sufficient votes to support passing the agreement. The U.S. opposition makes it a near-certainty that it will not pass the TPP in 2016 and that the debate will certainly extend into 2017 and the election of a new president. Meanwhile, Chrystia Freeland, Canada’s Minister of International Trade, has said it is not her job to sell the TPP and made it very clear that the government will not commit to ratifying the TPP until it has conducted a full public consultation.

In response to these developments, business lobby groups such as the Canadian Chamber of Commerce have called on the government to move quickly to ratify the deal without regard for what happens in the U.S. Yet the TPP’s implementation provisions are structured to provide little incentive for countries to move quickly without assurances that the U.S. plans to ratify. Article 30.5 establishes the rules for the TPP entering into force:

March 11, 2016 — 4 comments — News

Pete Souza [Public domain], via Wikimedia Commons

The Trouble With the TPP, Day 48: U.S. Reserves Right to “Certify” Canada’s TPP Implementation

The Trouble with the TPP series has focused on dozens of problematic provisions within the trade agreement and identified several implementation possibilities that might limit some of the harm. For example, the post on copyright term extension discussed how Canada could require copyright registration and notification of the extended term in order to qualify for further protection. Copyright registration would not eliminate all the harm to the public domain, but it would mean that only those that desire the extension would take the positive steps to get it, thereby reducing the costs of the TPP’s unnecessary copyright term extension.

Should Canada move toward ratification of the TPP, there is a concern that attempts to mitigate the harm of some provisions will face opposition from the U.S. While implementation flexibility is the goal of every negotiator, the U.S. reserves the right to “certify” whether other TPP countries have, in its view, properly implemented the agreement.

March 10, 2016 — Comments are Disabled — News