Post Tagged with: "copyright"

Government To Delay Implementation of Bill C-11’s Internet Provider Rules

The government is slated to bring Bill C-11, the copyright reform bill, into effect next week without the “notice-and-notice” rules for Internet providers. The revelations come in a Privy Council document that provides notification on when the bill will come into force. It is expected that the order bringing the […]

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October 31, 2012 4 comments News

Study Finds File Sharers Buy 30% More Music Than Non-File Sharers

A new study by the American Assembly finds that file-sharers buy 30 percent more music than non-file sharers. The study is consistent with many other studies that confirm that file sharers spend more on music and cultural products than those that do not. Study author Joe Karaganis has a follow-up […]

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October 18, 2012 5 comments News

CETA Negotiations Continue Under Cloud of ACTA Concerns

The Canada – EU Trade Agreement negotiations continue this week in Brussels with both parties hoping to wrap up many outstanding issues. According to information provided by Canadian officials at a briefing earlier this month, the plan is to narrow the areas of disagreement to no more than ten issues, with ministers meeting in Europe in November to try to forge an agreement on the contentious areas. While patent issues will clearly be part of the November discussion, Canadian officials advised that the copyright chapter was largely concluded. In fact, when I asked directly whether the text would require changes to current Canadian copyright law, the response was that it would not. 

Notwithstanding those reassurances, Canadian officials acknowledged the border measures issues were still unresolved. Moreover, days later a European briefing offered a somewhat different take on the copyright provisions. La Quadrature du Net, a leading European NGO, reports that the European Commission confirmed that the controversial criminal ACTA provisions were still included in the CETA draft.

The reports have sparked a wave of new concern (see here, here, here, here, and here) with suggestions that ACTA is “back from the dead in Europe.”

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October 17, 2012 14 comments News

Are CRIA and the MPA-Canada Now Opposed to Canadian Content Rules?

This week, the government was formally included in the Trans Pacific Partnership negotiations with the next formal round scheduled for New Zealand in early December. I’ve written extensively about the copyright implications of the TPP as leaked versions of the intellectual property chapter and demands from U.S. copyright lobby groups point to a significant re-write of Bill C-11. Areas targeted for reform in Canada include ISP liability, statutory damages, and extending the term of copyright.

An additional issue has begun to attract increasing attention as the same lobby groups seeking copyright reforms have also put dismantling Canadian content regulations on the table. The IIPA, the lead lobby group for the movie, music, and software industries, told the U.S. government:

IIPA strongly believes that the TPP market access chapters must be comprehensive in scope, strictly avoiding any sectoral carve outs that preclude the application of free trade disciplines. We note that several market access barriers cited by USTR in its 2012 National Trade Estimate report on Canada involve, for example, content quota requirements for television, radio, cable television, direct-to-home broadcast services, specialty television, and satellite radio services. It should be possible to address such barriers to trade in the TPP, and thus augment consumers’ access to diverse content, while promoting local cultural expressions.

Many concerned with Canadian culture have reacted with alarm as the U.S. government has focused on potential changes to television and radio content requirements, classification systems for movies, and online video.

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October 12, 2012 16 comments News

Why It’s Time for a Canadian Digitization Strategy Based on Fair Dealing

Last year, the Writers’ Union of Canada and Union des Écrivaines et des Écrivains Quebecois announced that they were joining a lawsuit against HathiTrust, a consortium of U.S. universities that work with Google on the digitization of millions of books. The lawsuit, which was led by the Authors’ Guild in the U.S., challenged the legality of scanning millions of books and placing the books in the HathiTrust Digital Library (HDL). Yesterday, a U.S. court ruled resoundingly for the universities, concluding that the practices fall squarely within U.S. fair use (good analysis from Grimmelman, Madison, Smith and Krews). The case is an important win for fair use and it points to a potential model for Canadian universities that have lagged behind in ensuring digital access to materials.

The HDL, a joint project of the University of California, University of Wisconsin, Indiana University, Cornell University and University of Michigan, used digital copies originally scanned by Google to allow for three purposes: (1) full text searches; (2) preservation; and (3) access for people with print disabilities. The universities implemented access to the database of scanned books in different ways. The full text search functionality enabled users to search through millions of books for particular terms. If the book was not in the public domain or there was no authorization from the copyright owner, searches only indicated the page number where the search term was found with no actual text copied. Students with print disabilities were able to access the full-text through a secure system that was not available to the general public or student body.

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October 11, 2012 2 comments News