Search Results for "c-11" : 382

Something for Nothing: The Non-Existent Benefit of Linking in the Access Copyright Deal

As debate over the AUCC – Access Copyright settlement spreads to campuses across the country, one of the talking points that has emerged is that the coverage of linking to content in the settlement provides some value to the education community. The model licence defines copy as:

any reproduction, in any material form whatever, including a Digital Copy, that is made by or as a consequence of any of the following activities

(k) posting a link or hyperlink to a Digital Copy.

Critics argue that this provision gives the AUCC no value as there is simply no need to license such activities. The inclusion of the provision means students will be paying something – there must some notional part of the $26 annual fee that covers this section – for nothing. Supporters of the deal, including AUCC, claim otherwise. Indeed, the AUCC FAQ has two questions and answers on point:

May 4, 2012 — 54 comments — News

Stop Being Poor: U.S. Piracy Watch List Hits A New Low With 2012 Report

The U.S. Trade Representative released its annual Special 301 Report yesterday, unsurprisingly including Canada on the Priority Watch list. While inclusion on the list is designed to generate embarrassment in target countries, this year’s report should elicit outrage. Not only is the report lacking in objective analysis, it targets some of the world’s poorest countries with no evidence of legal inadequacies and picks fights with any country that dare adopt a contrary view on intellectual property issues.

The inclusion of Canada on the priority watch list is so lacking in objective analysis as to completely undermine the credibility of the report. The Canadian “analysis” amounts to 173 words that hits on the usual dubious complaints (and given criticism of countries such as Chile for their notice-and-notice system, Israel for their statutory damages rules, and many countries on border enforcement, the Canadian criticism will clearly not end with the enactment of Bill C-11). By comparison, China is treated as equivalent to Canada on the priority watch list, yet garners over 4,600 words.

Earlier this year, I completed a submission with Public Knowledge to the USTR Special 301 process that examined current Canadian law as well as Bill C-11. It concluded:

May 1, 2012 — 21 comments — News

What the Government Won’t Tell You Today About the Canada – EU Trade Agreement

The government is launching an all-out blitz on the proposed Canada – European Union Trade Agreement today with no less than 18 events planned across the country featuring 16 cabinet ministers and parliamentary secretaries. The speeches will emphasize the benefits of the proposed agreement to many areas of the economy, yet what is most noteworthy is what won’t be discussed. Industry Minister Christian Paradis is speaking, but he won’t be discussing copyright, patents, pharmaceuticals, or cultural policy as his speech will emphasize the pork industry. Canadian Heritage Minister James Moore won’t be talking about culture either as his speech is slated to focus on fish and seafood. And Health Minister Leona Aglukkaq is missing from the slate altogether.

The reason for the omissions are essential to understanding one of the primary sticking points with CETA. While the government says the deal is 75% completed, negotiators have consistently indicated that they left the toughest issues to the end. Those include rules of origin, agriculture, immigration and visa issues, and intellectual property.

The CETA intellectual property chapter leaked in 2010, revealing that the EU is seeking a complete overhaul of Canada’s IP laws. Initial demands on copyright included:

April 27, 2012 — 10 comments — News

International Publishers Threaten Canada With WTO Complaint Over Bill -11

An international publishing organization has escalated the rhetoric over Bill C-11 by making veiled threats about a WTO complaint against Canada if the bill’s fair dealing provision remains unchanged. The signatories claim “there is a real possibility that a WTO complaint will be brought against Canada” if the fair dealing […]

April 25, 2012 — 4 comments — News

Other People’s Money: Why AUCC Signed the Most Expensive Copyright Insurance Policy in Cdn History

Car rental companies are infamous for encouraging customers to sign up for expensive liability insurance policies. Since many renters already have coverage from their own automotive insurance policies or can rely upon insurance coverage provided by their credit card issuer, the decision whether to sign up for a costly additional policy frequently depends upon who is paying the bill. If the individual is on the hook, they will often decline coverage and rely on their existing policies. If someone else is paying, it becomes easier to justify signing up for the additional coverage.

Last week, the Association of Universities and Colleges Canada, which represents dozens of Canada’s leading universities, signed up for one of the most expensive copyright insurance policies in Canadian history. My weekly technology law column (Toronto Star version, homepage version) notes the policy comes in the form of a controversial model copyright licensing agreement with Access Copyright, a copyright collective that licenses copying and distribution of copyrighted works such as books, journals, and other texts. Should AUCC members sign the agreement – it falls to each individual university to decide whether to do so – they will pay $26 per full time student per year for the right to copy works from the Access Copyright repertoire.

April 24, 2012 — 25 comments — Columns