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

Ministras L. Linkevičius Vilniuje susitiko su Kanados užsienio reikalų ministru Francois-Philippe Champagne by Lithuanian Ministry of Foreign Affairs (CC BY-NC-ND 2.0) https://flic.kr/p/2jVXYEK

Misplaced Priorities: Why Has Canada’s Privacy Bill Disappeared from the Government’s Legislative Agenda?

Last November, then Innovation, Science and Economic Development Minister Navdeep Bains introduced Bill C-11, long overdue privacy reform. The bill appeared to be a top government priority, with Prime Minister Justin Trudeau emphasizing that the new law would give Canadians more control over how companies handle their personal information. While the bill isn’t perfect – I wrote posts on some of the benefits and concerns – there was no debating that it represented an important step forward in modernizing Canada’s privacy law.

Yet months after the bill was introduced, it is seemingly going nowhere.

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March 3, 2021 6 comments News
Politics 4 by Erik https://flic.kr/p/aChWHM (CC BY-SA 2.0)

The Law Bytes Podcast, Episode 78: Jennifer Jenkins on What Copyright Term Extension Could Mean for Canada

For years, Canada resisted extending the term of copyright beyond the international standard of life of the author plus 50 years. That appears to have come to an end with the USMCA, which requires an extension. The Canadian government has just launched a public consultation on the issue, identifying several “accompanying measures” to address concerns about the negative impact of term extension. For the many Canadians that participated in the recent copyright review process, the consultation document comes as huge disappointment as it seemingly rejects – with little legal basis – the review’s recommendation on establishing a registration requirement for the additional 20 years that would benefit both creators and the public.

The consultation is currently open until March 12th. Duke University’s Jennifer Jenkins, who is is a Clinical Professor of Law teaching intellectual property and Director of Duke’s Center for the Study of the Public Domain, joins the Law Bytes podcast this week to help sort through the likely implications of copyright term extension for Canada.

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March 1, 2021 3 comments Podcasts
Newspapers by Erica Minton (CC BY-NC 2.0) https://flic.kr/p/6iMf4z

The Copyright Bill That Does Nothing: Senate Bill Proposes Copyright Reform to Support Media Organizations

The Toronto Star reports that Senator Claude Carignan, a Conservative Senator, plans to introduce a new bill that would amend the Copyright Act to create a new compensation scheme for media organizations by establishing a new collective rights system for the use of news articles on digital platforms. I’ve written extensively about why calls for mandated compensation for linking to news articles on social media sites is an ill-advised policy and how the media organizations themselves are responsible for much of the posting. Heidi Tworek has written about the risks of using IP to address the issue, which she discussed on my Law Bytes podcast (Jeff Elgie of Village Media also appeared on a recent podcast episode to criticize the lobbying campaign for new payments).

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February 17, 2021 9 comments News
copyright-trap-action-3 by EFF https://www.eff.org/deeplinks/2015/08/tpps-copyright-term-extension-isnt-made-artists-its-made-and-big-content-companies (CC BY 3.0 US)

Afraid to Lead: Canadian Government Launches Timid Consultation on Implementing Copyright Term Extension

After years of rejecting copyright term extension beyond the international law standard of life of the author plus 50 years, the Canadian government caved to pressure from the United States by agreeing to the equivalent of life of the author plus 70 years in the U.S.-Canada-Mexico Trade Agreement (USMCA). As part of that agreement, Canada obtained a 30 month transition period that would allow for consultation on how to implement the copyright term obligation. That consultation was launched late yesterday, with the two departments responsible for copyright – ISED and Canadian Heritage – launching the consultation and a consultation document. The consultation period is very short with responses due by March 12, 2021. The department says that all responses will be made available online once the consultation is concluded.

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February 12, 2021 9 comments News
The Right to Privacy by UNARMED CIVILIAN https://flic.kr/p/f3fSQC (CC BY-NC-SA 2.0)

The Law Bytes Podcast, Episode 72: Emily Laidlaw on the Good, the Bad, and the Missed Opportunities Behind Canada’s Privacy Reform

Canada’s new privacy bill is only a couple of weeks old but it is already generating debate in the House of Commons and careful study and commentary from the privacy community. As the biggest overhaul of Canada’s privacy rules in two decades, the bill will undoubtedly be the subject of deep analysis and lengthy committee review, likely to start early in 2021. Last week’s Law Bytes podcast featured Navdeep Bains, the Innovation, Science and Industry Minister, who is responsible for the bill. This week, Professor Emily Laidlaw of the University of Calgary, who holds the Canada Research Chair in Cybersecurity Law, joins the podcast with her take on the good, the bad, and the missed opportunities in Bill C-11.

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December 7, 2020 4 comments Podcasts