Post Tagged with: "copyright"

Law_journals_in_the_Great_Library by Neal Jennings, CC BY-SA 2.0 , via Wikimedia Commons

The Law Bytes Podcast, Episode 194: CCH Turns 20 – Scott Jolliffe Goes Behind the Scenes of the Landmark Copyright Case That Ushered in Users’ Rights

Twenty years ago today the Supreme Court of Canada released CCH Canadian v. Law Society of Upper Canada, a decision that stands as perhaps the most consequential in Canadian copyright law history as it would firmly establish fair dealing as a users right and serve as the foundation for copyright law in Canada for decades to come. Leading off the hearing several months earlier for the Law Society was Scott Joliffe, an IP litigator with the law firm Gowlings. Joliffe was charged with arguing the fair dealing aspects of the case, but it was only at last moment that users right entered the picture. To mark its 20th anniversary, Joliffe joins the Law Bytes podcast to talk about the CCH case, his strategy and insights from the hearing, and his thoughts on its impact many years later.

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March 4, 2024 2 comments Podcasts
Screenshot of 21st ANNUAL REPORT ON GOVERNMENT OF CANADA ADVERTISING ACTIVITIES 2022 to 2023, https://www.canada.ca/content/dam/pspc-spac/documents/rapports-reports/2022-2023/adv-pub-2022-2023-eng.pdf

Bid to End Crown Copyright is Back: MP Brian Masse’s Bill C-374 Would Remove Copyright from Government Works

Crown copyright, which grants the government exclusive copyright in any any work that is, or has been, prepared or published by or under the direction or control, has long been the focus on copyright and open government advocates who have called for its elimination. Under the current system of crown copyright that dates back for decades, government departments can use copyright to limit the publication or distribution of public works. While the government moved away from paid licensing to a non-commercial licence in 2010, commercial uses are still subject to permission and licence. The issue was one of the most controversial at the 2019 copyright review with the committee split on the issue: the government supported the creation of an open licence, while both the Conservatives and NDP backed its elimination altogether.

While debate over crown copyright continues (this 2019 Law Bytes podcast episode with Amanda Wakaruk and Jeremy de Beer focused on it), NDP MP Brian Masse has been a consistent advocate in favour of its elimination. There have been bills to eliminate crown copyright that date back to the 1990s, but Masse has introduced several crown copyright bills in recent years. Last week, he did it again with Bill C-374.

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February 14, 2024 6 comments News
FORTUNE Brainstorm Tech 2023 by Fortune Brainstorm TECHFollow https://flic.kr/p/2oP49cR CC BY-NC-ND

Canadian Copyright in the Age of Generative AI: My Submission to the Government’s Copyright Consultation

The government’s consultation on copyright and generative AI closed last week. The submissions are not yet public, but I am pleased to post my submission, which focused on an exception for text and data mining, the inclusion of copyrighted works in large language models, and the copyright implications of outputs from generative AI systems. My submission noted that the consultation raises several questions related to generative AI and copyright. I focused on three:

(1)  Should Canada proceed with a text and data mining exception as recommended in the 2019 Copyright Act review?

(2)  Should Canada introduce legislative reforms to address the use of copyright works in large language models (LLMs) that are central to the development of generative AI technologies?

(3)  Should Canada introduce legislative reforms to address copyright-related questions arising from the outputs of generative AI systems?

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January 23, 2024 8 comments News
OpenAI logo by ishmael daro https://flic.kr/p/2oZaMAk CC BY 2.0

The Law Bytes Podcast, Episode 183: Andres Guadamuz on the Battle Over Copyright and Generative AI

Generative AI raises a host of interesting legal issues, but perhaps none will be more contentious than the intersection between copyright and services such as ChatGPT. The copyright questions apply both the creation of large language models used to train these systems as well as the copyright associated with outputs. These questions have sparked high profile class action lawsuits and government consultations on potential reform.

Andres Guadamuz is a Reader in Intellectual Property Law at the University of Sussex and the Editor in Chief of the Journal of World Intellectual Property. He joins the Law Bytes podcast to explain the copyright implications of generative AI and to unpack the claims found in the copyright class action lawsuits.

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November 6, 2023 4 comments Podcasts
Toronto: book stacks at Toronto Reference Library by The City of Toronto https://flic.kr/p/gjDrZY CC BY 2.0

The Law Bytes Podcast, Episode 180: Victoria Owen Sets the Record Straight on the State of Canadian Copyright Law and Content Licensing By Libraries and Educational Institutions

Since the Canadian copyright law reforms in 2012, education and libraries have increased spending on licensing and a non-partisan House of Commons study found no need to create new restriction on education and library copying rights. Yet with misinformation flooding the copyright debate, the Canadian Federation of Library Associations recently spoke out  in an effort to set the record straight. Victoria Owen, a leading expert on copyright and libraries, is the chair of the CFLA copyright committee. She joins the Law Bytes podcast to discuss the CFLA statement and copyright law in Canada.

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October 16, 2023 4 comments Podcasts