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copyright reasons by gaelx (CC BY-SA 2.0) https://flic.kr/p/bx59Gn

The Law Bytes Podcast, Episode 127: Lucie Guibault on Canada’s Approach to Copyright Term Extension

Last week, the government took another step toward copyright term extension in Canada, inserting extension provisions within Finance Minister Chrystia Freeland’s Budget Implementation Act bill.  Despite recommendations from its own copyright review, students, teachers, librarians, and copyright experts to include a registration requirement for the additional 20 years of protection, the government chose to extend term without including protection to mitigate against the harms.

Lucie Guibault is an internationally renowned expert on international copyright law, a Professor of Law and Associate Dean at Schulich School of Law at Dalhousie University, and the Associate Director of the school’s Law and Technology Institute. Days before the release of the bill, she joined the Law Bytes podcast for a discussion on copyright term extension, its implications and the government’s implementation options.

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May 2, 2022 1 comment Podcasts
David Lametti, Parliamentary Secretary to the Minister of Innovation, Science and Economic at the Creative Commons Global Summit 2017 by Sebastiaan ter Burg (CC BY 2.0) https://flic.kr/p/THdYmQ

The Canadian Government Makes its Choice: Implementation of Copyright Term Extension Without Mitigating Against the Harms

The Canadian government plans to extend the term of copyright from the international standard of life of the author plus 50 years to life plus 70 years without mitigation measures that would have reduced the harms and burden of the extension. The Budget Implementation Act, a 443 page bill that adopts the omnibus approach the government had pledged to reject, was posted late yesterday by Finance Minister Chrystia Freeland’s department and could be tabled in the House of Commons as early as today. Page 328 of the bill features the shoehorned amendments to the Copyright Act, including an extension of the term of copyright. While the government is not making the change retroactive (meaning works currently in the public domain stay there), no one seriously expected that to happen. What many had hoped – based on the government’s own committee recommendations and copyright consultation – was to introduce mitigation measures to reduce the economic cost and cultural harm that comes from term extension. Instead, Freeland, Prime Minister Justin Trudeau, Innovation, Science and Industry Minister François-Philippe Champagne, and Canadian Heritage Minister Pablo Rodriguez have chosen to reject the recommendations of students, teachers, universities, librarians, IP experts, and their own Justice Minister.

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April 27, 2022 5 comments News
what I should be studying... by Jonathan Coffey https://flic.kr/p/JPyac (CC BY-NC-ND 2.0)

What is the Logic Behind The Logic’s Demand for Internet Platform Payments?

The Logic is a Toronto-based news startup that focuses on the innovation economy. Launched in 2018, it has attracted some great reporters with a subscription-based business model that starts at $299 per year. I’ve been a subscriber for several years, dating back to when it began providing extensive coverage of the Waterfront Toronto – Sidewalk smart city project and I was serving as chair of the Waterfront Toronto Digital Strategy Advisory Board. The site, which tends to produce one or two new articles per day, uses a hard paywall as nearly all articles – other than an occasional Letter from the Editor – can only be accessed by paying subscribers.

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April 26, 2022 14 comments News
transparency by Alec Perkins (CC BY 2.0)  https://flic.kr/p/TjPJkb

The Law Bytes Podcast, Episode 126: Why Canada’s Online Harms Consultation Was a Transparency and Policy Failure

This week’s Law Bytes podcast departs from the typical approach as this past week was anything but typical. As readers of this blog will know, last week I obtained access to hundreds of previously secret submissions to the government’s online harms consultation. Those submissions cast the process in a new light. This week’s Law Bytes podcast explains why the online harms consultation was a transparency and policy failure, walking through what has happened, what we know now,  and how this fits within the broader Internet regulation agenda of the Canadian government.

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April 25, 2022 0 comments Podcasts
The Internet is the Problem by Alex Pang (CC BY-NC-SA 2.0) https://flic.kr/p/dvKhNb

Not an Outlier: What the Government’s Online Harms Secrecy Debacle Says About Its Internet Regulation Plans

My post on the hundreds of submissions to the government’s online harms consultation has garnered significant attention, including a front page news story from the Globe and Mail (I was also pleased to appear on Evan Solomon’s show and the Dean Blundell podcast). The coverage has rightly focused on previously secret submissions such as those from Twitter likening the Canadian plan to China or North Korea and the National Council of Canadian Muslims, who warn that the legislation would have risked constituting “one of the most significant assaults on marginalized and racialized communities in years.” If you haven’t read it, please read my post summarizing some of the key findings or access the entire package that was obtained under the Access to Information Act.

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April 22, 2022 8 comments News