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The Law Bytes Podcast, Episode 158: In Their Own Words – Ministers, MPs, Senators and Government Officials on Bill C-18

Bill C-18, the Online News Act, has been at the centre of growing firestorm in Canada following reports that Google has begun testing the removal of links to Canadian news services for a small percentage of its users. The issue is headed to the Standing Committee on Canadian Heritage later today with MPs likely to take turns berating Google executives. If you’re just catching up or don’t understand what the fuss is about, this Law Bytes podcast is for you. While the government tries to spin the bill as a big win for media of all sizes without concerns for the Internet, the reality is far different. But you don’t have to take my word for it. This podcast episode features clips of what Ministers, MPs, Senators, and government officials have already said at committee or in the Senate about the bill.

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March 6, 2023 5 comments Podcasts
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Canadian Copyright, Fair Dealing and Education, Part Six: A Fair Reading of Fair Dealing

My Fair Dealing Week series of posts on Canadian copyright, fair dealing, and education concludes with a few thoughts on the role of fair dealing within Canadian universities and colleges. Copyright lobby groups have spent years perpetuating multiple myths, including the false notion that today’s fair dealing policies are largely a function of 2012 reforms (they actually stem chiefly from two decades of Supreme Court jurisprudence) and that fair dealing has resulted in universities refusing to licence content (prior posts have covered this disinformation, citing the millions spent on site licensing, transactional licensing , the disappearance of course packs, and the growth of open textbooks). 

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March 1, 2023 7 comments News
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Bill C-18, Google and Mandated Payments for Links: My Appearance on CBC’s Power and Politics

As the Standing Committee on Canadian Heritage summoned Google to appear next week before committee (and implausibly provide all internal documentation related to Bill C-18 by tomorrow), media coverage of the bill and Google’s response has intensified. I was pleased to appear on CBC’s Power and Politics to discuss the the bill, Google’s response, and the implications of mandated payments for links that the government expects could fund 35% of news expenditures in all news outlets in Canada.

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March 1, 2023 6 comments News
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Canadian Copyright, Fair Dealing and Education, Part Five: Open Textbooks Saving Students Millions of Dollars

Fair Dealing Week for 2023 may have come to an end, but my series on Canadian copyright, fair dealing, and education continues. This week’s Law Bytes podcast features Western librarian Stephen Spong on fair dealing and prior posts in the series endeavoured to set the record straight and discussed site licensing, transactional licensing, and the disappearance of course packs. Today’s post discusses the growth of open textbooks, which has flourished in recent years. That has saved students millions of dollars, provided faculty with more flexible, adaptable materials, and eliminated the need for either additional licences or a fair dealing analysis.

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February 28, 2023 4 comments News
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The TikTok Block: Why Does the Canadian Government Seem to Embrace Weak Privacy Rules?

The Canadian government often talks about the importance of privacy, but actions speaks louder than words. Not only has privacy reform clearly not been a priority, but the government seems more than willing to use the weak privacy rules to further other policy goals. There is an obvious price for the government’s indifference to privacy safeguards and it is paid by millions of Canadians when major privacy incidents (think Tim Horton’s or Home Depot) result in no substantive changes and no urgency for reform from the government. Indeed, as I noted yesterday on Twitter, the government has managed to rush through user content regulation in Bill C-11 and mandated payments for links in Bill C-18, but somehow privacy reform in Bill C-27 has barely moved. Some of the responsibility must surely lie with Innovation, Science and Industry Minister François-Philippe Champagne, who brings high energy to everything but privacy reform, but the decision reflects on the entire government. 

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February 28, 2023 5 comments News