Post Tagged with: "copyright review"

My Solace - Emily Of New Moon by Susan (CC BY-NC-SA 2.0) https://flic.kr/p/aJuNCF

Making the Best of a Bad Provision: Why Canada Should Work Toward a Copyright Term Extension Registration Requirement

The agreement on a revised Canada-US-Mexico Trade Agreement this week featured both good news and bad news. Among the positive changes in the revised agreement is the significant changes to the patent provisions, including the elimination of the ten years of protection for biologics. That provision would have required changes to Canadian law and added significant new costs to pharmaceuticals. Moreover, the retention of the Internet safe harbour provision is a win for freedom of expression in Canada as it will help ensure that free speech is not lost in the current rush to regulate Internet platforms.

On the downside, many of the problematic digital trade provisions remain unchanged (they can also be found in the CPTPP so their inclusion does not change much) as does the requirement for a copyright term extension to life of the author plus 70 years. The additional 20 years of protection beyond the international standard found in the Berne Convention will be costly for Canadians with little discernible benefit.

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December 11, 2019 12 comments News
CBC Lawsuit vs. Conservative Party

The CBC Lawsuit, Fair Dealing and Future Reform: The Unexpected Arrival of Copyright in Election 2019

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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October 17, 2019 3 comments News
Mind the gap by Kristian Dye (CC BY 2.0) https://flic.kr/p/5JAk2X

Better Data, Better Results: Comparing the Gap Between the Copyright Review and Heritage Study on the Music Industry’s Policy Proposals

My recent series reviewing the Industry Committee’s copyright review (process, evidence, witness balance, citation) was about more that just why the decision to ignore the Canadian Heritage committee study on artist remuneration was justified. The series provides a data-backed assessment of the quality of the consultation of the respective committees, which is inextricably linked to their final recommendations. The better process is important because when comparing the recommendations from the two committees, the Industry committee consistently provided deeper analysis even in areas where there was agreement. The better analysis is not a coincidence: better process generates better policy and the Industry committee engaged in broader consultations in which it heard both from more creators and more users than Heritage.

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June 26, 2019 4 comments News
citation needed by Dan4th Nicholas (CC BY 2.0) https://flic.kr/p/8PEZiG

Ignoring the Evidence: Why the Copyright Review Was Right To Ignore the Canadian Heritage Committee Study, Part Four

My series on why the Industry committee was right to ignore the Canadian Heritage committee study as part of the national copyright review has previously discussed process (the government vested sole responsibility with the Industry committee), an examination of the witness and brief list that confirms that Industry conducted a much more comprehensive consultation that overlapped with much of Heritage but also included hundreds of additional witnesses and briefs, and the (im)balance among witnesses which indicates that the Industry committee made a greater effort to hear a wide range of perspectives consistent with the diverse views on copyright.

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June 25, 2019 Comments are Disabled News
Witness comparison by type - INDU vs. CHPC

Unbalanced Witness List: Why the Copyright Review Was Right To Ignore the Canadian Heritage Committee Study, Part Three

My series on why the Industry committee was right to ignore the Canadian Heritage committee study as part of the national copyright review has focused on process (the government vested sole responsibility with the Industry committee, its clear assertion as the authoritative copyright review, and an examination of the witness and brief list that confirms that Industry conducted a much more comprehensive consultation that overlapped with much of Heritage but also included hundreds of additional witnesses and briefs.

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June 21, 2019 3 comments News