Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

Robert_Lighthizer_at_Round_1_renegotiation_of_NAFTA, Office of U.S. Trade Representative, Public domain, via Wikimedia Commons, https://commons.wikimedia.org/wiki/File:Robert_Lighthizer_at_Round_1_renegotiation_of_NAFTA.jpg

The Law Bytes Podcast, Episode 210: Meredith Lilly on the Trade Risks Behind Canada’s Digital Services Tax and Mandated Streaming Payments

The battle over a digital services tax has been the subject of Law Bytes podcast episodes for several years as the Canadian government signalled its intent to move ahead with one even as US officials warned of risks of trade retaliation if they did so outside of an international framework. With the DST now in effect, what does trade law have to say and how might the US respond? Meredith Lilly is a full Professor and Simon Reisman Chair in International Economic Policy at Carleton University’s Norman Paterson School of International Affairs. She joins me on the Law Bytes podcast to discuss the current digital trade policy tensions, what our agreements say about complaints and retaliation, as well as explain why a U.S. response on at least the DST seems likely.

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July 22, 2024 4 comments Podcasts
spotify musique mp3 by downloadsource.fr CC BY 2.0 https://flic.kr/p/qWT78n

The Law Bytes Podcast, Episode 208: Will Page on Why the CRTC’s Bill C-11 Ruling is Discriminatory and May Ultimately Hurt the Canadian Music Market

The recent CRTC Bill C-11 decision mandating that streaming services pay 5 percent of their revenues has left seemingly everyone unhappy and has sparked multiple legal challenges.  While much of the focus has been on video streaming, music was a core part of Bill C-11 and the implications for music streaming services may be the most pronounced. Will Page is the perfect person to unpack these issues. He is the author of the critically acclaimed book Tarzan Economics, the former Chief Economist of Spotify and PRS for Music, the co-host the Bubble Trouble podcast and a regular contributor to BBC, Financial Times, and The Economist. He joins the Law Bytes podcast to provide new data on what the CRTC’s numbers mean and why the decision could ultimately move the Canadian market backwards rather than forward. 

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July 8, 2024 3 comments Podcasts
Rear-view-mirror-caption by Pratheep P S, www.pratheep.com CC BY-SA 3.0 https://en.wikipedia.org/wiki/File:Rear-view-mirror-caption.jpg

The Law Bytes Podcast, Episode 207: The State of Digital Law and Policy in Canada as Parliament Breaks for the Summer

Parliament adjourned for the summer last week, meaning both the House of Commons and Senate are largely on hold until mid-September. The Law Bytes podcast focuses intensively on Canadian legislative and digital policy developments and with another Parliamentary year in the books, this week’s episode takes a look back and take stock of where things stand. It features discussion on the implementation of the Internet streaming and news bills (C-11 and C-18) as well as an analysis of the current state of privacy, AI, online harms, and digital tax as found in Bills C-27, C-63, C-69, S-210 and C-27.

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June 24, 2024 0 comments Podcasts
Road To Nowhere by Smoky Dan CC BY-NC 2.0 https://flic.kr/p/6rHeYZ

Road to Nowhere: Parliament Breaks For the Summer With Little Accomplished on Digital Policy

The House of Commons adjourned for the summer yesterday with most committees and House debate on hold until mid-September. The government talked up its accomplishments, but on the digital policy front there was little to promote. The government’s most controversial digital-related bills including online harms (Bill C-63) and privacy and AI regulation (Bill C-27) barely moved during the session, a function of badly bloated legislation that create at least as many problems as they solve. With an election a little more than a year away, the clock is ticking and many legislative proposals will be hard pressed to become law.

Where do things stand on the key pieces of legislation?

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June 20, 2024 3 comments News
Parks Canada Truck by Taber Andrew Bain https://flic.kr/p/cXSgVU CC BY-NC 2.0

The Law Bytes Podcast, Episode 206: James Plotkin and David Fewer on Canada’s Landmark Copyright Ruling on Fair Dealing and Digital Locks

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.

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June 17, 2024 2 comments Podcasts