Post Tagged with: "copyright"

80 Cent WIPO Commemorative Stamp by WIPO https://flic.kr/p/bpY2G4 (CC BY-NC-ND 2.0)

Why the Online News Act is a Bad Solution to a Real Problem, Part Four: Undermining Canadian Copyright Law and International Copyright Treaty Obligations

The series on why Bill C-18, the Online News Act, is a bad solution in search of a real problem has thus far focused on three issues: the risk to the free flow of information stemming from mandatory compensation for linking, how the bill encourages clickbait and other low quality news given the absence of standards in the definition of “news content”, and the unprecedented government intervention in a sector where independence is essential. Today’s post raises an unlikely issue given that Bill C-18 is the responsibility of Canadian Heritage Minister Pablo Rodriguez, who also has part responsibility for copyright law in Canada. Buried within the bill is Section 24, a short provision with big copyright implications:

For greater certainty, limitations and exceptions to copyright under the Copyright Act do not limit the scope of the bargaining process.

What does this mean and why is it in the bill?

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September 23, 2022 4 comments News
Delegates at the Opening of the WIPO Assemblies by WIPO. Photo: Violaine Martin. This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 IGO License. https://flic.kr/p/Z1PKfE

The Law Bytes Podcast, Episode 136: Jeremy de Beer on SOCAN v. ESA, the Supreme Court’s Latest Endorsement of Copyright Balance and Technological Neutrality

The Supreme Court of Canada’s latest copyright decision – SOCAN v. Entertainment Software Association – affirms yet again that technological neutrality is a foundational element of the law and notably emphasizes that “copyright law does not exist solely for the benefit of authors.” My colleague Jeremy de Beer was an active participant in the case, writing an expert opinion during the Copyright Board phase of the case which reflects the approach that the court ultimately adopted. He joins the Law Bytes podcast to discuss the evolution of music distribution online, this latest case and the court’s commitment to copyright balance, as well as what might come next in the seemingly never-ending battle over Canadian copyright law.

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July 25, 2022 5 comments Podcasts
copyright intro by CALI https://flic.kr/p/amFb24 (CC BY-NC-SA 2.0)

Supreme Court of Canada on Copyright: “Copyright Law Does Not Exist Solely for the Benefit of Authors”

For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights. Last week provided the latest episode in the ongoing series as the Court delivered yet another strong affirmation on the importance of copyright balance and the role of technological neutrality, confirming that “[c]opyright law does not exist solely for the benefit of authors.” The decision – SOCAN v. Entertainment Software Association – can read on at least four levels: (1) as a repudiation of SOCAN’s effort to establish a new, additional royalty for the “making available” of music; (2) as a confirmation of the importance of technological neutrality and copyright balance; (3) as an example of the flexibility associated with implementing the WIPO Internet treaties, and (4) as the undeniable entrenchment of Canadian copyright jurisprudence that now features deeply layered precedents on users’ rights.

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July 20, 2022 11 comments News
copyright reasons by gaelx (CC BY-SA 2.0) https://flic.kr/p/bx59Gn

The Law Bytes Podcast, Episode 127: Lucie Guibault on Canada’s Approach to Copyright Term Extension

Last week, the government took another step toward copyright term extension in Canada, inserting extension provisions within Finance Minister Chrystia Freeland’s Budget Implementation Act bill.  Despite recommendations from its own copyright review, students, teachers, librarians, and copyright experts to include a registration requirement for the additional 20 years of protection, the government chose to extend term without including protection to mitigate against the harms.

Lucie Guibault is an internationally renowned expert on international copyright law, a Professor of Law and Associate Dean at Schulich School of Law at Dalhousie University, and the Associate Director of the school’s Law and Technology Institute. Days before the release of the bill, she joined the Law Bytes podcast for a discussion on copyright term extension, its implications and the government’s implementation options.

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May 2, 2022 1 comment Podcasts
David Lametti, Parliamentary Secretary to the Minister of Innovation, Science and Economic at the Creative Commons Global Summit 2017 by Sebastiaan ter Burg (CC BY 2.0) https://flic.kr/p/THdYmQ

The Canadian Government Makes its Choice: Implementation of Copyright Term Extension Without Mitigating Against the Harms

The Canadian government plans to extend the term of copyright from the international standard of life of the author plus 50 years to life plus 70 years without mitigation measures that would have reduced the harms and burden of the extension. The Budget Implementation Act, a 443 page bill that adopts the omnibus approach the government had pledged to reject, was posted late yesterday by Finance Minister Chrystia Freeland’s department and could be tabled in the House of Commons as early as today. Page 328 of the bill features the shoehorned amendments to the Copyright Act, including an extension of the term of copyright. While the government is not making the change retroactive (meaning works currently in the public domain stay there), no one seriously expected that to happen. What many had hoped – based on the government’s own committee recommendations and copyright consultation – was to introduce mitigation measures to reduce the economic cost and cultural harm that comes from term extension. Instead, Freeland, Prime Minister Justin Trudeau, Innovation, Science and Industry Minister François-Philippe Champagne, and Canadian Heritage Minister Pablo Rodriguez have chosen to reject the recommendations of students, teachers, universities, librarians, IP experts, and their own Justice Minister.

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April 27, 2022 5 comments News