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Craig on Digital Locks and the Fate of Fair Dealing in Canada

Osgoode Hall's Carys Craig has a must-read article which appears in the Journal of World Intellectual Property, that warns against U.S. style implementation of anti-circumvention legislation.  Craig offers several alternatives if the Canadian government moves forward with anti-circumvention rules, including TPM registration requirements, a clear link to actual infringement, and […]

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May 18, 2010 Comments are Disabled News

Documentary Organization of Canada on Fair Dealing

The Documentary Organization of Canada has released a new guide for filmmakers on the use of fair dealing.  The DOC remains supportive of a flexible fair dealing provision, but as it awaits the copyright bill has created this guide to better inform documentary film makers about how they can use […]

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May 18, 2010 Comments are Disabled News

Globe on Explaining Copyright To Kids

The Globe and Mail featured an article yesterday on how parents explain downloading and copyright issues to their children.

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May 18, 2010 1 comment News

Digital Strategy Consultation’s Unasked Questions: Who Leads? Who Pays?

Last week Industry Minister Tony Clement unveiled the government’s much-anticipated Digital Economy Strategy consultation.  My weekly technology law column (Toronto Star version, homepage version) notes the consultation is slated to run for two months and includes an online forum, face-to-face meetings, and a 40-page document that sets out key areas of concern. Five areas for discussion are identified: capacity to innovate, building a world-class digital infrastructure, growing the ICT industry, creating digital content, and building digital skills.

Skeptics will argue that the consultation is long overdue or perhaps even comes too late. Canada has inarguably lost considerable ground in comparison with many other countries around the world that were quicker to identify and implement digital strategies. While the delays have been marked by a gradual hollowing-out of the Canadian tech sector and sliding global rankings on network and wireless connectivity, Clement has firmly established himself as the most committed Industry Minister on digital issues since John Manley in the late 1990s.

Prioritizing digital issues is a first step toward remedying the situation, but a decade worth of policy neglect will not be solved overnight.  Despite lingering doubts about whether the government is listening – many Canadians fear that last summer’s copyright consultation may be largely ignored – those concerned with Canada’s digital future can ill-afford to stay silent on the sidelines. I hope to address some of the substantive questions raised by the consultation in a future column, but the more immediate concern are two unasked questions that cut across all issues – who will lead the strategy and how will the government pay for it.

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May 17, 2010 11 comments Columns

Federal Court of Appeal Rules Song Previews Can Be Fair Dealing

The Federal Court of Appeal today issued an important decision confirming the broad scope of fair dealing in Canada [link not yet available].  At issue was whether "research" within fair dealing could extend to song previews that are made available on sites like iTunes where a consumer can freely listen to roughly 30 seconds of a song.  The Copyright Board of Canada ruled in 2007 that a broad and liberal interpretation of fair dealing meant that it could be included since the preview was effectively consumer research on whether to purchase the song.  SOCAN disagreed and sought judicial review.

The Federal Court of Appeal has affirmed the Copyright Board's interpretation, opening the door to many other consumer research possibilities under the current fair dealing provision.  While SOCAN argued that research should be limited to scientific-type inquiry in a formal setting, the court disagreed, stating:

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May 14, 2010 26 comments News