Fair dealing is heading back to the Supreme Court of Canada. This morning, the court granted leave to hear an appeal of SOCAN v. Bell Canada, the case in which the Federal Court of Appeal confirmed that 30 second song previews can constitute fair dealing under the Copyright Act since […]
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Canadian Education Faces Technology Tipping Point
While technology has become a core part of the educational process, my weekly technology law column (Toronto Star version, homepage version) notes it has often been treated as a complement – rather than a replacement – for traditional educational materials. Libraries still spend hundreds of millions of dollars on physical books and journals, some professors still generate paper-based coursepacks, and the schools themselves still pay millions of dollars in copying licensing fees.
The two-track approach may have made initial sense, but the costs of maintaining both are increasingly forcing universities to consider whether technology can replace conventional approaches. The tipping point toward using technology as a replacement may have come this year when Access Copyright, the copyright collective that licenses copying on Canadian campuses, demanded a significant increase in the fees associated with photocopying articles and producing printed coursepacks.
CanLII Seeking New President
CanLII, a leader in free access to law, is seeking a new President. If you’re interested, please apply (I’m a CanLII board member).
Wikileaks ACTA Cables Reveal Concern With U.S. Secrecy Demands
European countries are likely to ask for a slowdown in negotiations because of opposition to the EU commission’s involvement in negotiating portions of the treaty, disagreements over the confidentiality level of the negotiations, and the absence of geographical indications from the agreement.
The official also noted opposition among member states with the European Commission negotiating criminal matters and ongoing frustration with the level of secrecy associated with ACTA that made it impossible to properly consult stakeholders:
The level of confidentiality in these ACTA negotiations has been set at a higher level than is customary for non-security agreements. According to Mazza, it is impossible for member states to conduct necessary consultations with IPR stakeholders and legislatures under this level of confidentiality. He said that before the next round of ACTA discussions, this point will have to be renegotiated.
The official characterized ACTA as “TRIPS Plus” and noted (correctly) that geographic indications was likely to become a major sticking point.
Bell Pays $1.3 Million To Settle Do-Not-Call Violations
The fact that Bell was the target is significant for at least two reasons. First, Bell administers the do-not-call list under contract. By targeting the company, it sends the message that no one is above the law. Second, as I wrote last year, Bell was seemingly the top source of complaints among reputable companies: