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

Blocked websites by Tactical Technology Collective https://flic.kr/p/8KDGTc (CC BY-SA 2.0)

Blocking is Back: Why Internet Blocking is the Next Big Canadian Policy Battle

In early 2018, Bell led a consortium of companies and organizations arguing for the creation of a new website blocking system in Canada. Complete with a new anti-piracy agency and CRTC stamp of approval, the vision was to create a new system to mandate site blocking across ISPs in Canada. Canadians challenged the so-called FairPlay proposal and the CRTC rejected the Bell application on jurisdictional grounds. Since that time, the Canadian courts have been dealing with site blocking requests (the Federal Court of Appeal is soon set to hear arguments on the issue) and the Canadian copyright review conducted by the Standing Committee on Industry, Science and Technology decided against recommending the creation of a new administrative system for site blocking.

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March 17, 2021 31 comments News
Deeplink by Dirk Vorderstraße (CC BY-NC 2.0) https://flic.kr/p/A3ZMGM

The Key Takeaway From Steven Guilbeault’s Facebook Use: Linking Should Not Require a Licence

My post yesterday on Canadian Heritage Minister Steven Guilbeault’s Facebook use generated considerable attention as many noted the obvious inconsistencies for a Minister that has described linking to news stories on social media sites without payment as immoral, while at the same time actively linking to news stories on his own Facebook feed. While it is difficult to set aside the uploaded broadcaster videos without referral links (which raise thorny copyright issues for someone who shares responsibility for copyright law) and the thousands spent advertising on Facebook (given that Guilbeault has called for reduced digital ad spending), I think the key takeaway comes from his linking to news stories at a number of leading Canadian sources.

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March 10, 2021 6 comments News
Guilbeault Facebook Ad https://www.facebook.com/ads/library/?active_status=all&ad_type=political_and_issue_ads&country=CA&view_all_page_id=270094633001228

Do As I Say, Not As I Do: Heritage Minister Steven Guilbeault’s Curious Use of Facebook

Canadian Heritage Minister Steven Guilbeault yesterday told the House of Commons Heritage Committee that his department would reduce the amount it allocates to digital advertising, arguing that too much goes to online platforms and that “we need to change this.” The decision to politicize where the government spends its ad dollars is perhaps unsurprising given Guilbeault’s penchant for battling with the tech companies, dating back to his claims that linking to news articles without payment is “immoral.” Leaving aside the question of whether taxpayer funded advertising campaigns should prioritize effectiveness and value for money (personally, I’d prefer that the government emphasize the effectiveness of ad campaigns on issues like COVID-19 vaccination and safe social distancing practices over political posturing even if that means advertising on digital platforms), the reality of Guilbeault’s own Facebook practices do not match up with his rhetoric.

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March 9, 2021 6 comments News
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