Nearly two years ago, I wrote that the Federal Court had issued a major decision on the relationship between fair dealing and digital locks, concluding that copyright’s anti-circumvention rules do not trump user rights (podcast on the case here). That decision, Blacklock’s Reporter v. Attorney General of Canada, was a big win for user rights because, for the first time, a court ruled that Canada’s anti-circumvention rules (aka digital lock rules) were subject to fair dealing. Last month, the Federal Court of Appeal set aside that judgment, ruling that the declarations in the lower court decision should never have been issued in the first place because they lacked “practical utility.” In basic terms, the case was “moot” since Blacklock’s had tried to withdraw the lawsuit and did not require a ruling. But while rights holders seem ready to celebrate, the reality is that the new ruling does not say the Federal Court was wrong on any of the substantive copyright questions.
Post Tagged with: "copyright"
Win, Lose or Draw?: The Federal Court of Appeal Overrules a Key Copyright Case on Procedural Grounds
The Law Bytes Podcast, Episode 253: Guy Rub on the Unconvincing Case for a New Canadian Artists’ Resale Right
The creation of an Artists’ Resale Right has been adopted in many countries to at best mixed reviews. They’re unsurprisingly widely supported by potential beneficiaries, but the data on who actually benefits raises real questions about the wisdom of the policy. Canada may be headed in the same policy direction as the government recently announced in its budget plans to introduce the measure. Professor Guy Rub is the Vincent J. Marella Professor of Law at Temple University’s Beasley School of Law and an expert in the intersection between intellectual property law, commercial law, the arts, and economic theory. Professor Rub has written critically about the Artists’ Resale Right including as part of a submission to a House of Commons committee that studied the issue several years ago. He joins the Law Bytes podcast to discuss the policy measure and its drawbacks, including his view that it primarily benefits artists who are wealthy, old, or dead.
We Need More Canada in the Training Data: My Appearance Before the Standing Committee on Canadian Heritage on AI and the Creative Sector
The government, led by AI Minister Evan Solomon, is currently conducting a short consultation on AI regulation that has attracted criticism for its short time frame. At the same time however, the Standing Committee on Canadian Heritage has been working through a study on AI and the creative sector that may be more limited in scope, but has featured a broader range of perspectives. I had the opportunity to appear before the committee yesterday where I lamented that too often debates on new technology is framed “as a threat, emphasizes cross-industry subsidies, and misses the opportunities new technology presents. We therefore need risk analysis that rejects entrenching the status quo and instead assesses the risks of both the technology and the policy response. I’ll post the full discussion (which ventured into AI transparency, copyright, the news sector, and much more) in a future Law Bytes podcast episode. In the meantime, my opening statement is embedded and posted below.
TIFF Removes October 7th Documentary Film From Schedule Citing Implausible Copyright Clearance Concerns From Hamas Terror Footage
The Toronto International Film Festival has removed from its 2025 schedule a documentary film by Canadian filmmaker Barry Avrich that tells the story of Noam Tibon’s mission to save his family during the October 7th attacks by Hamas in Israel. The film is based on the excellent book by Amir Tibon, the Gates of Gaza, which recounts both the rescue effort and the longstanding fraught relationship between Israel and Gaza. According to Deadline, the film, titled The Road Between Us: The Ultimate Rescue, was scheduled to be included in the program announced last week. But TIFF asked that the source of Hamas body-cam footage included in the film be identified and to provide copyright clearances for the video. You read that correctly: TIFF wanted the filmmakers to obtain copyright licences from Hamas terrorists.
The Year in Review: Top Ten Posts
Last week’s Law Bytes podcast featured a look at the year in review in digital law and policy. Before wrapping up for the year, the next three posts over the holidays will highlight the most popular posts, podcast episodes, and Substacks of the past year. Today’s post starts with the top posts, which starts with a major copyright ruling involving fair dealing and digital locks. The remaining posts include four posts on the Online Harms Act and two on Bill S-210, alongside posts on the implementation of Bills C-11, C-18, and the recent decision to ban TikTok from operating in Canada.
Recent Posts
The Law Bytes Podcast, Episode 265: Jason Millar on Claude Mythos, Project Glasswing, and the Governance Crisis in Frontier AI 
A Standard That Doesn’t Exist: Parliamentary Secretary for Justice Offers Misleading Defence of Bill C-22’s Lower Threshold for Subscriber Information 
More Surveillance Demands to Come?: Government Admits Bill C-22’s Lawful Access Provisions Could Be Expanded 
Win, Lose or Draw?: The Federal Court of Appeal Overrules a Key Copyright Case on Procedural Grounds 
The Lawful Access Debate Begins: Canadians Should Pay Attention to What the Government Isn’t Saying
