Supporters of the C-32 digital lock approach have sought to counter the criticism by arguing that the Canadian provisions simply mirror those found in other countries such as the United States. Yet last week, the U.S. introduced changes to its digital lock rules that leave Canada with one of the most restrictive approaches in the world.
Jenna Wilson and Sangeetha Punniyamoorthy, IP lawyers with Dimock Stratton LLP in Toronto, argue in the Lawyers Weekly that “Anti-circumvention provisions could be implemented in the Copyright Act without significantly disturbing the balance between users and creators in the way Bill C-32 does.”
Appeared in the Toronto Star on August 2, 2010 as U.S. Move to Pick Digital Locks Leaves Canadians Locked Out Since its introduction two months ago, the government’s copyright reform package has generated widespread debate over whether it strikes the right balance. The digital lock provisions have been the most […]
Appeared in the Hill Times on August 2, 2010 as Federal Court Ruling Shows Copyright Fair Dealing Fears Greatly Exaggerated The introduction of long-awaited copyright reform legislation has generated considerable discussion among Canadians about whether the latest bill strikes the right balance. While concern over Bill C-32’s digital lock rules […]
Last week, the Federal Court of Appeal issued its much-anticipated ruling in the K-12 case, which specifically addressed fair dealing in the context of education. The ruling was a major win for Access Copyright, as the court dismissed objections from education groups on a Copyright Board of Canada ruling and paved the way for millions in compensation from school boards.
The case is notable since it demonstrates how critics of greater fair dealing flexiblity have greatly exaggerated claims of potential harm. For example, former PWAC Executive Director John Degen wrote this week that “the introduction of an overly broad exception to copyright for educational use would all but eliminate fair compensation for this established use.” Access Copyright reacted to the court victory by stating it was “bittersweet” given the C-32 changes. While there is no doubt that extending fair dealing to education (the law currently covers many educational activities under research, private study, criticism, and review) will bring more potential copying within the scope of fair dealing, this case reinforces the fact that fair dealing is a fair for all, not a free for all and that fears that the extension of categories will wipe out all revenues bear little relation to reality.
The Law Bytes Podcast, Episode 232: What Will Canadian Digital Policy Look Like Under the New Liberal Carney Government? 
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards 
The Law Bytes Podcast, Episode 230: Aengus Bridgman on the 2025 Federal Election, Social Media Platforms, and Misinformation 
The Law Bytes Podcast, Episode 229: My Digital Access Day Keynote – Assessing the Canadian Digital Policy Record 
Queen’s University Trustees Reject Divestment Efforts Emphasizing the Importance of Institutional Neutrality
Michael Geist
mgeist@uottawa.ca
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