The Canadian government released a new Canada Food Guide yesterday, the first major update in 12 years to what is reported to be one of its most-requested publications. The guide is viewed as very influential, with copies often found in medical facilities, schools, and other community spaces. Yet despite the demands for distribution, the government has disappointingly adopted a restrictive copyright approach with respect to its reproduction, adaptation or translation. The guide is subject to crown copyright rules and public uses that extend beyond fair dealing require government permission. In fact, Health Canada has posted a lengthy permission form that asks for the following information for those seeking to reproduce, translate or adapt the guide:
Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
All About the Internet: My Submission to the Broadcasting and Telecommunications Legislative Review Panel on the Future of Canadian Communications Law
The deadline for submissions to the Broadcasting and Telecommunications Legislative Review Panel closed on Friday with a handful of organizations such as the CRTC, CBC, and Friends of Canadian Broadcasting posting their submissions online. My full submission can be found here. I argue that Canada’s regulatory approach should be guided by a single, core principle: communications policy, whether telecommunications or broadcasting, is now – or will soon become – Internet policy. This emerging communications world is mediated through the Internet and communications regulatory choices are therefore fundamentally about regulating or governing the Internet. My submission identifies four goals that should guide Canadian communications law and regulation:
1. Universal, affordable access to the network
2. Level regulatory playing field
3. Regulatory humility
4. Fostering competitiveness in the communications sector
The executive summary on each of the four issue is posted below, followed by a list of 23 recommendations contained in the submission. In the coming days, I’ll have posts that unpack some of the key issues.
Looking Back at 2018: My Top Ten Posts
With 2019 nearly upon us, many sites are taking a moment to reflect back on the past year and the posts and issues that attracted the most attention. On my site, the top issues are easy to spot: the Bell coalition website blocking proposal, wireless costs, copyright reform, and digital trade dominate the top ten. My top ten new posts published in 2018:
Bryan Adams Warns Canadian Heritage Committee on Copyright Term Extension: Enriches Large Intermediaries, Not Creators
Canadian artist Bryan Adams captured headlines earlier this year when he appeared before the Standing Committee on Canadian Heritage and urged reform to the reversion provision that seeks to remedy the bargaining imbalance between creators and music labels/publishers by reverting the rights many years later. Adams noted that creators never experience the benefit of reversion since it applies decades after their death. Instead, he proposed a 25 year reversion rule, which he argued was plenty of time for copyright to be exploited by an assignee.
Copyright and Culture: My Submission to the Canadian Heritage Committee Study on Remuneration Models for Artists and Creative Industries
The Canadian Heritage committee study on remuneration models for artists and creative industries, which was launched to support the Industry committee’s copyright review, wrapped up earlier this month. I appeared before the committee in late November, where I focused on recent allegations regarding educational copying practices, reconciled the increased spending on licensing with claims of reduced revenues, and concluded by providing the committee with some recommendations for action. My formal submission to the committee has yet to be posted (the committee has been slow in posting submissions), but it expanded on that presentation by focusing first on the state of piracy in Canada, followed by an examination of three sectors: (i) educational copying; (ii) the music industry and the value gap; and (iii) film and television production in Canada. The full submission can be found here.
Recent Posts
Risky Business: The Legal and Privacy Concerns of Mandatory Age Verification Technologies 
Another Canadian Digital Policy Own Goal: Corporate TikTok Ban Leads to Millions in Lost Cultural Group Support 
The Law Bytes Podcast, Episode 239: The Rise and Fall of Canada’s Digital Services Tax 
Canada’s DST Debacle a Case Study of Digital Strategy Trouble 
Canadian Government Caves on Digital Services Tax After Years of Dismissing the Risks of Trade Retaliation
