The National Post has an interesting article on the benefits of copying and the concerns associated with Bill C-32. The article includes a discussion of York University’s Marcus Boon’s book on copying (available for free download) and Ian Kerr’s exceptional article on digital locks in From “Radical Extremism” to “Balanced […]
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
Why are U.S. Net Services Slow to Migrate North?
Canada’s legal framework makes for a convenient explanation, but the reality is that subtle legal differences are rarely the primary rationale for business and marketing decisions. Moreover, Canadian privacy, e-commerce, and intellectual property laws are compliant with international standards and recent surveys have found that business executives view Canadian protections as better than those in the United States. As the Canadian government readies its national digital economy strategy, identifying the real reasons behind delayed entry into the Canadian market is a crucial piece of the puzzle.
At least three explanations come to mind.
From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright & the Digital Agenda Now Online
I am delighted to report that From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda, the new peer reviewed book from Irwin Law on Bill C-32 and Canadian copyright, is now available online. The book is available for download from the publisher under a Creative Commons licence. A print […]
Locking Out Lawful Users
Educational, parodic and other transformative uses have long been recognized as potential fair uses in the United States. Indeed, the need to expressly include these specific exceptions in Canada speaks more to the shortcomings of the Canadian approach to fair dealing (in contrast to US fair use) than it does to the pursuit of a genuine balance between owners and users in the copyright reform process.
Craig reserves her harshest criticism for C-32’s digital lock provisions, which she describes as “unduly expansive,” concluding:
ACTA Conclusion Leaves Flexibility for Made-in-Canada Approach
My weekly technology law column (Ottawa Citizen version, homepage version) notes that for many Canadians, a core concern with the agreement was the possibility that it could severely limit the ability to establish a made-in-Canada approach on copyright and intellectual property policy. Indeed, NDP Digital Affairs Critic Charlie Angus raised the issue in the House of Commons last year, noting that ACTA could undermine domestic policy.
Recent Posts
We Need More Canada in the Training Data: My Appearance Before the Standing Committee on Canadian Heritage on AI and the Creative Sector 
The Law Bytes Podcast, Episode 247: My Senate Appearance on the Bill That Could Lead to Canada-Wide Blocking of X, Reddit and ChatGPT 
The Law Bytes Podcast, Episode 246: Mohamed Zohiri on the Rise and Emerging Regulation of Stablecoins 
Senate Bill Would Grant Government Regulatory Power to Mandate Age Verification For Search, Social Media and AI Services Accompanied By Threat of Court Ordered Blocking of Lawful Content 
Government Reverses on Bill C-2: Removes Lawful Access Warrantless Demand Powers in New Border Bill
