Michael Geist

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The '67 Leafs on the Stanley Cup by Scazon (CC BY 2.0) https://flic.kr/p/5Criwf

Why the Copyright Board of Canada Needs a Leafs-Style Tear-Down

In recent weeks, there has been growing talk of the need for the Toronto Maple Leafs to engage in full scale demolition of the current roster (as a long-suffering Leaf fan, I approve). The call for an overhaul comes as fans recognize that minor tinkering has resulted in years of mediocrity and that real change requires more drastic reforms. While the Leafs and the Copyright Board of Canada operate in entirely different worlds, they share a key similarity: the desperate for a complete reset.

The problems with the Copyright Board have been well-chronicled: the industry has been unhappy with many of its decisions (see the Tariff 8 decision), its rulings on fair dealing have been firmly rejected by the Supreme Court of Canada (“flawed”, “unreasonable” and “skewed” were some of the comments), it has been forced to admit errors that resulted in procedural unfairness, its processes are flawed, its decision making takes years, and the public is largely excluded from the process. As I noted last year:

February 13, 2015 — Comments are Disabled — News

Extremely Urgent by Allan Reyes (CC BY-NC-ND 2.0) https://flic.kr/p/8tEboQ

The Nine Year Wait For Government Urgency on Privacy Reform

The Standing Committee on Industry, Science and Technology started its study on Bill S-4, the PIPEDA reform bill, last week. While news reports suggested that Industry Minister James Moore was open to changes, government MPs warned that any amendments would mean the bill would go back to the Senate for approval and likely die with the fall election. For example, MP Mark Warawa stated:

Minister, if we were to then delay and amend, would S-4 then have to go back to the Senate to get passed? My concern is – this is needed and a vast majority of Canadians want this passed – if we amend it, what’s the chance of it passing in this Parliament? Because, it’s needed.

Moore acknowledged that MPs can suggest reforms, but emphasized that “there is some urgency.”

The government’s sense of urgency with the PIPEDA reform bill is striking given that it has largely stalled progress on the key provisions in this bill for years. In fact, in one instance it left a privacy bill sitting for two years in the House of Commons with no movement whatsoever until it died with prorogation. The historical background behind Bill S-4 is as follows:

February 11, 2015 — 2 comments — News

ICANN_101512_0132 by icannphotos (CC BY-SA 2.0) https://flic.kr/p/djVGyz

CIRA Launches New Round of Funding For Community Investment Program

The Canadian Internet Registration Authority has launched another round of its Community Investment Program (I am on the CIRA board and chair the committee that reviews funding applications). Last year, the CIP allocated over $1 million in funding toward 29 different proposals that included support for infrastructure, new online services, research initiatives, and digital literacy programs. Those projects are still ongoing but that has not stopped CIRA from opening the door to a new round of funding. The application system is now open with applications accepted until March 6, 2015. Apply today!

February 9, 2015 — Comments are Disabled — News

Super Bowl XLIX by Joe Parks (CC BY 2.0) https://flic.kr/p/qYFnR5

In Defence of the CRTC’s Super Bowl Advertising Ruling

Last week’s CRTC decision to ban simultaneous substitution from the Super Bowl broadcast starting in 2017 has generated mounting criticism in recent days. While analysts initially noted that the lost revenue for Bell Media would not be material (a prediction borne out by a quarterly conference call where the decision was not raised by anyone), anger over the decision has continued to grow. Nothing compares with Kevin O’Leary, a Bell Media commentator, ranting against the decision on Bell-owned BNN as he repeatedly calls the CRTC “insane” and laments lost foreign investment into a sector that still has Canadian ownership requirements. However, with Bell seeking private meetings with CRTC Commissioners to discuss the decision and more serious critiques from CMPA’s Michael Hennessy and Cartt.ca’s Greg O’Brien, the decision has clearly left many unhappy.

If the critics are right, the CRTC decision is the “beginning of the end of the system”, erodes the value of rights, and will lead to job losses and less Canadian content. It is undoubtedly true that changes are coming to the Canadian broadcasting system, but this simsub decision is at best a small part of the reason. The post raises six points in response to the decision and the critics.

February 6, 2015 — 11 comments — News

not a bad end of summer reading selection for 25¢ per book (oh the British) by clarkmaxwell (CC BY-NC-ND 2.0) https://flic.kr/p/aidoNN

Reports Indicate Canada Has Caved on Copyright Term Extension in TPP Talks

Last month, there were several Canadian media reports on how the work of Ian Fleming, the creator of James Bond, had entered the public domain. While this was oddly described as a “copyright quirk”, it was no quirk. The term of copyright in Canada is presently life of the author plus an additional 50 years, a term that meets the international standard set by the Berne Convention. The issue of extending the term of copyright was discussed during the 2009 national copyright consultation, but the government wisely decided against it. Further, the European Union initially demanded that Canada extend the term of copyright in the Canada – EU Trade Agreement, but that too was effectively rebuffed.

If new reports out of Japan are correct, however, Canada may have caved to U.S. pressure to extend copyright term. The U.S. extended its term to life plus 70 years in 1998 in response to demands from the Disney Corporation (Mickey was headed to the public domain) and has since pressured other countries to match. NHK reports that a deal on copyright term has been reached within the TPP with countries agreeing to a life plus 70 term. Alongside Japan, Malaysia, New Zealand, and Vietnam (the TPP countries that adhere to the Berne standard), it appears that Canada has dropped its opposition to the change.

February 4, 2015 — 25 comments — News