As the 2019 federal election winds toward voting day next week, copyright has unexpectedly arrived on the scene. Cultural groups have lamented for weeks that none of the national political parties have discussed copyright, placed it in their platforms, or otherwise committed to reforms. The likely reason – neatly articulated by OpenMedia’s Laura Tribe in this week’s Lawbytes podcast – is that there are no sharp divisions between the parties on copyright that might provide an electoral advantage. Instead, the government conducted an extensive copyright review which led to the Industry Committee’s June 2019 report. That committee, which heard from hundreds of witnesses representing all perspectives, generated a report that received all-party support and provides a roadmap for future reforms (the notable exception being on crown copyright).
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Episode 16: The Copyright Review Report: Carys Craig on the Roadmap for the Future of Canadian Copyright Law
In December 2017, the Canadian government launched its much-anticipated and much-lobbied review of Canadian copyright law, tasking the Standing Committee on Industry, Science and Technology to lead the way. After months of study and hundreds of witnesses and briefs, the committee released its authoritative report with 36 recommendations earlier this month. Carys Craig, a law professor at Osgoode Hall Law School and one of Canada’s leading copyright law experts, joins the podcast to help sort through the report and to consider what it means for the future of Canadian copyright law.
Episode 12: The Past, Present and Future of Open Access to Law
The free and open access to law movement is devoted to providing free and open online access to legal information. This includes case law, legislation, treaties, law reform proposals and legal scholarship. This week’s Lawbytes podcast highlights perspectives on free and open access to law from Australia and Canada. During a recent trip to Australia, I spoke with Professor Graham Greenleaf, one of the pioneers of the movement, who co-founded AustLII, the Australasian Legal Information Institute. Following in the footsteps of the Legal Information Institute at Cornell University, AustLII helped reshape legal publishing in Australia and played a pivotal role in bringing other countries’ legal materials online. The episode continues with a conversation with Xavier Beauchamp-Tremblay, the current CEO of CanLII, the Canadian Legal Information Institute, about the Canadian past, present and future of free and open access to law.
Episode 11: Reinterpreting Canadian Privacy Law – David Fraser On Cross-Border Data Transfers, the Right to De-Index, and the Facebook Investigation
Daniel Therrien, the Privacy Commissioner in Canada, is in the courts battling Google over a right to de-index. He’s calling for order making after Facebook declined to abide by his recommendations. And he’s embarked on a dramatic re-interpretation of the law premised on incorporating new consent requirements into cross-border data transfers. David Fraser, one of Canada’s leading privacy experts, joins the podcast to provide an update on the recent Canadian privacy law developments and their implications.
Episode 10: Lowdown on Lawsuits – James Plotkin on Copyright Threats, Notices, and Lawsuits
Copyright threats and lawsuits against individuals have been around in Canada since 2004, when they were rejected by the federal court. Those threats receded for about a decade, but now they’re back. Copyright notices, litigation threats, settlement demands, and actual lawsuits have re-emerged at the very time that the music and movie industries are experiencing record music streaming revenues in Canada and massive popularity of online video services. James Plotkin, a lawyer with Caza Saikaley in Ottawa, joins the podcast this week to help sort through what the notices mean, the implications of the threats and lawsuits, and where Canadian law stands on the issue.
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