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

Slow by Ann Douglas https://flic.kr/p/nTFwPb CC BY-NC-SA 2.0

Heritage Minister Pascale St-Onge’s Tries to Re-Write Bill C-11 History: There Is No Quick Implementation and the Government is to Blame

The government plans to release its final policy direction on Bill C-11 today just days ahead of the start of a weeks-long series of hearings at the CRTC on the Online Streaming Act (I am scheduled to appear in early December). Ahead of the release, Canadian Heritage Minister Pascale St-Onge tries to re-write history, urging fast enactment of the legislation and blaming the Conservatives for the delays. Yet here is the reality: Bill C-10, the predecessor to Bill C-11, would have become law back in 2021 had the government not opened the door to regulating user content. Instead, the bill rightly became a source of concern, leading to years of legislative delays that virtually guarantees that nothing will take effect until 2025 at the earliest.

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November 14, 2023 23 comments News
Signing of the constitution / Signature de la Constitution by LAC CC BY-NC-ND 2.0 https://flic.kr/p/bXT7Df

The Law Bytes Podcast, Episode 184: Philip Palmer on the Constitutional Doubts About the Government’s Internet Laws

Is the Canadian government’s Internet legislation constitutional? That question arose during the hearings on Bills C-11 and C-18, but has taken on a new urgency given the Supreme Court of Canada’s recent decision involving an Alberta challenge to federal environmental assessment legislation. With limits on federal powers back in the spotlight, the vulnerability of the legislation requires further examination.

Philip Palmer is a former Justice lawyer who appeared before the House of Commons committee studying Bill C-11 to make the case that the law does not fall within the scope of federal powers. He joins the Law Bytes podcast to explain why and what it might mean for the Internet streaming and online news laws.

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November 13, 2023 3 comments Podcasts
OpenAI logo by ishmael daro https://flic.kr/p/2oZaMAk CC BY 2.0

The Law Bytes Podcast, Episode 183: Andres Guadamuz on the Battle Over Copyright and Generative AI

Generative AI raises a host of interesting legal issues, but perhaps none will be more contentious than the intersection between copyright and services such as ChatGPT. The copyright questions apply both the creation of large language models used to train these systems as well as the copyright associated with outputs. These questions have sparked high profile class action lawsuits and government consultations on potential reform.

Andres Guadamuz is a Reader in Intellectual Property Law at the University of Sussex and the Editor in Chief of the Journal of World Intellectual Property. He joins the Law Bytes podcast to explain the copyright implications of generative AI and to unpack the claims found in the copyright class action lawsuits.

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November 6, 2023 4 comments Podcasts
ipod podcasting by Trevor Manternach CC BY-NC 2.0 https://flic.kr/p/2Y2vs

The Law Bytes Podcast, Episode 181: Is this Podcast About to be Regulated by the CRTC?

Several weeks ago, the CRTC released the first set of what is likely to become at least a dozen decisions involving the Online Streaming Act, formerly known as Bill C-11. One of those decisions involved establishing which services would be required to register with the CRTC as part of new registration requirements in the law. That sparked an immediate public debate over the scope of the registration requirements and their potential applicability to podcasts. This week’s Law Bytes podcast tries to set the record straight: the registration rules – and even the forthcoming regulations – will not regulate what you can say on a podcast nor do they establish a government podcast registry. However, the registration rules and the forthcoming regulations will have a direct or indirect impact on podcasts.

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October 24, 2023 7 comments Podcasts
Toronto: book stacks at Toronto Reference Library by The City of Toronto https://flic.kr/p/gjDrZY CC BY 2.0

The Law Bytes Podcast, Episode 180: Victoria Owen Sets the Record Straight on the State of Canadian Copyright Law and Content Licensing By Libraries and Educational Institutions

Since the Canadian copyright law reforms in 2012, education and libraries have increased spending on licensing and a non-partisan House of Commons study found no need to create new restriction on education and library copying rights. Yet with misinformation flooding the copyright debate, the Canadian Federation of Library Associations recently spoke out  in an effort to set the record straight. Victoria Owen, a leading expert on copyright and libraries, is the chair of the CFLA copyright committee. She joins the Law Bytes podcast to discuss the CFLA statement and copyright law in Canada.

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October 16, 2023 4 comments Podcasts