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

Copyright Board Rejects Bid For Transactional Licences

The Copyright Board of Canada has rejected a request by the AUCC to require Access Copyright to issue transactional or pay-per-use licences. The refusal to issue such licences, which reflect an effort by universities to license the use of works, is likely to lead to universities seeking new alternatives for […]

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September 27, 2011 3 comments News

Behind the Scenes of Bill C-32: The Complete Ministerial Q & A

With the House of Commons back in session this week, it should not take long for copyright reform to reappear. Canadian Heritage Minister James Moore has already indicated the bill will be reintroduced unchanged from Bill C-32 and that the legislative committee will pick up where it left off without the need to hear from any persons or groups who appeared under Bill C-32. That suggests things could move very quickly with a few sessions and a march to passing the bill before the end of 2011.

My posts in the months leading up to the bill gave some sense of what was likely on the way and more recently I’ve written on the Wikileaks cables that demonstrate the remarkable U.S. influence over the Canadian copyright agenda. I’ve now obtained a series of documents that provide some useful insights into the behind-the-scenes work within the government and the C-32 legislative committee. While access-to-information requests typically exclude information about government bills, the death of Bill C-32 meant the information was fair game. Over the next week, I plan daily posts of various documents including the government’s full clause-by-clause analysis, its C-32 committee witness strategy, and an analysis of the submissions provided to the committee by dozens of groups and individuals.

The series starts with the complete question and answer document [15 MB PDF] prepared for Ministers Moore and Clement for their committee appearance in November 2010 (Scribd version embedded below). The document covers a wide range of anticipated questions and the official government response to each. The answers will not surprise as anyone following the issue will have heard the Ministers and other MPs repeat them regularly. Nevertheless, the more interesting scripted responses to key questions include (with some context in square brackets):

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September 21, 2011 37 comments News

Dealing With the Access Copyright Opt-Out: The Rest of the Story

The Canadian Press ran a story last week on the transition away from Access Copyright at Canadian universities. The transition was always going to require an adjustment given the clear commitment at the universities to respect copyright and obtain permission where required (a process facing delays due to the Access Copyright’s opposition to transactional licences). The article includes a quote from Professor Jeremy Richards, a geology professor at the University of Alberta, who indicates that he had stopped handing out some materials out of copyright concerns.

After the article was published, I contacted Professor Richards to learn more about his experience. Professor Richards has featured several posts on Access Copyright on his blog that have been sharply critical of the lack of support from the University of Alberta for faculty in making the transition. It turns out he is supportive of opting-out of Access Copyright but rightly expects the university to provide support for faculty.

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September 20, 2011 10 comments News

Hurt Locker File Sharing Lawsuits Put the Hurt on Everyone

File sharing lawsuits involving the movie the Hurt Locker have been big news in the United States for months as tens of thousands of lawsuits have been filed against individuals alleged to have illegally downloaded the movie. The lawsuits have now made their way into Canada as the Federal Court of Canada has ordered the identification of subscribers at Bell Canada, Cogeco, and Videotron who face similar copyright infringement claims.  

Late last month the court ordered the three ISPs to disclose the names and addresses of subscribers linked to IP addresses alleged to have copied the movie. The ISPs complied last week as lawyers for the Hurt Locker copyright owner moved to have their case treated as a “specially managed proceeding” that would put the case on a rocket docket.

My weekly technology law column (Toronto Star version, homepage version) argues the lawsuits hurt seemingly everyone.

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September 19, 2011 67 comments Columns

The Cost of Copyright Term Extension

Last week, the European Council passed copyright term extension for sound recordings, extending the term from 50 to 70 years. Martin Kretschmer, a UK professor, notes that the cost of the extension will exceed one billion euros to the general public. Seventy-two percent of the revenues will go to record […]

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September 19, 2011 3 comments News