The debate over copyright and digital locks – technically referred to as anti-circumvention legislation – dates back more than 25 years with creation of the World Intellectual Property Organization’s Internet Treaties and later in Canada with the enactment of the Copyright Modernization Act. The full scope and application of those digital lock rules has been the subject of considerable controversy, particularly over how fair dealing fits into the equation. The Federal Court of Canada recently issued a landmark decision on the issue which concludes that digital locks should not trump fair dealing. CIPPIC, the University of Ottawa’s public interest technology law clinic, raised the key arguments on the issue in an intervention in the case led by James Plotkin, a partner with the law firm Gowlings, and David Fewer, CIPPIC’s Director and General Counsel. They join the Law Bytes podcast to talk about the ruling and to clear up some of the misinformation that has been circulating since its release.
Post Tagged with: "fair dealing"
Huge Win for Copyright User Rights in Canada: Federal Court Rules Digital Lock Rules Do Not Trump Fair Dealing
The Federal Court has issued a landmark decision (Blacklock’s Reports v. Attorney General of Canada) on copyright’s anti-circumvention rules which concludes that digital locks should not trump fair dealing. Rather, the two must co-exist in harmony, leading to an interpretation that users can still rely on fair dealing even in cases involving those digital locks. The decision could have enormous implications for libraries, education, and users more broadly as it seeks to restore the copyright balance in the digital world. The decision also importantly concludes that merely requiring a password does not meet the standard needed to qualify for copyright rules involving technological protection measures. If this all sounds technical, this post provides the necessary background and then reviews the decision.
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.
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.
Countering Copyright Misinformation: Canadian Libraries Speak Out Against Ongoing Campaign to Undermine User Rights
Last month, the Canadian Federation of Library Associations released a much-needed statement that sought to counter the ongoing misinformation campaign from copyright lobby groups regarding the state of Canadian copyright and the extensive licensing by libraries and educational institutions. I had no involvement whatsoever with the statement, but was happy to tweet it out and was grateful for the effort to set the record straight on what has been a relentless misinformation campaign that ignores the foundational principles of copyright law. Lobby groups have for years tried to convince the government that 2012 copyright reforms are to blame for the diminished value of the Access Copyright licence that led Canadian educational institutions to seek other alternatives, most notably better licensing options that offer greater flexibility, access to materials, and usage rights. This is false, and when the CFLA dared to call it out, those same groups then expressed their “profound disappointment” in the library association.
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