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

Maritime Band Facing False Takedown Notices From Universal Music

The CBC reports that the Maritime band In-Flight Safety has faced multiple false YouTube takedowns by major record label Universal Music. The band has no connection to Universal Music Group, yet the label has ordered the takedown of five of the band’s songs.

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June 27, 2012 7 comments News

Brian Brett Speaks Out: An Open Letter on Access Copyright and the Canadian Copyright Emergency

Brian Brett, the former Chair of the Writers’ Union of Canada and an award winning author, has issued an explosive public letter that “breaks the ‘cone of silence’ that has obscured for too long some of the ugly practices of Access Copyright.” Brett is concerned with copyright reform, but even more troubled by Access Copyright’s activities:

1. After its expenses (which are high – spending approximately $10 million to collect $23.5 million in distributable income), there is $23.5 million in money for copyright distribution. Over $6 million dollars go to foreign copyright organizations. Very little, if anything, is paid back for usage of Canadian copyright material by these organizations.

2. Access Copyright only acquires this $23.5 million by claiming to represent creators and publishers, and that paying them means supporting creators. Access Copyright then pays more than $13 million to publishers. It only pays $4.2 million to actual creators. Their remaining income, is supposed to be distributed by the publishers to their authors, according to how the publishers read their contracts. There is no evidence of this payment occurring since Access Copyright refuses to allow an independent auditing of this income. Effectively, this money has been ‘disappeared.’

3. Access Copyright refuses to distribute, through its “Payback” program, to creators, income from works older than twenty years, yet it continues to collect that income in their name.

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June 26, 2012 8 comments News

The Missing Copyright Docs, Pt 2: Competition Bureau Warned About Digital Lock Competition Concerns

Yesterday I posted on the government’s internal analysis on the constitutional risks associated with digital lock rules found in Bill C-11 including the constitutional warnings issued by the Department of Justice. The same document obtained under the Access to Information Act also notes that the Competition Bureau raised concerns about […]

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June 26, 2012 1 comment News

Transparency: WIPO vs. TPP & ACTA

The World Intellectual Property Organization has just concluded the Beijing Treaty on Audiovisual Performances. KEI notes that WIPO is now providing webcasts and video on demand of its sessions and diplomatic conferences. Contrast that with the TPP and ACTA, where discussions are shrouded in secrecy. In fact, four U.S. senators […]

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June 26, 2012 Comments are Disabled News

Cdn Fed Court Says No Copyright Infringement For Linking, Posting Several Paragraphs from Article

The Federal Court of Canada has issued an important decision involving copyright and posting content online. The case involves a lawsuit launched by Richard Warman and the National Post against Mark and Constance Fournier, who run the FreeDominion website. Warman and the National Post sued the site over the appearance of two articles and an inline link to photograph that appeared on the forum. The court dismissed all three claims.

While the first claim (Warman’s article) was dismissed on the basis that it took too long to file the lawsuit, the legal analysis on the National Post claim involving an article by Jonathan Kay assesses the copyright implications of posting several paragraphs from an article online. In this case, the article was 11 paragraphs long.  The reproduction on the Free Dominion site included the headline, three complete paragraphs and part of a fourth. The court ruled that this amount of copying did not constitute a “substantial part” of the work and therefore there was no infringement. The court added that in the alternative, the reproduction of the work was covered by fair dealing, concluding that a large and liberal interpretation of news reporting would include posts to the discussion forum.  The decision then includes an analysis of the six factor test and concludes that the use was fair.

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June 25, 2012 16 comments News