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

The Access Copyright – Staples Suit: The Statement of Claim

In my first post on the Access Copyright suit against Staples/The Business Depot, I noted that I had not seen the statement of claim and therefore could not comment fully on the case.  I have now seen the claim and remain puzzled that Access Copyright is bringing this lawsuit.  From a legal perspective, it looks like an almost sure loser – the Supreme Court of Canada ruled on many of these same issues only three years ago and sided strongly against the publishers (who in this case are effectively represented by Access Copyright).

Access Copyright claims that there is both direct and authorized copyright infringement and that it needs both injunctive relief (it would like to shut down Staples/The Business Depot photocopying business) and punitive damages to account for the fact that "the actions of Business Depot have been high-handed, reckless and in blatant disregard of the copyright interests of Access Copyright."  So how, according to Access Copyright, has Staples/The Business Depot infringed copyright?

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November 18, 2007 9 comments News

Billboard on Canadian Copyright Reform

Billboard/Reuters focuses on the forthcoming copyright reform bill, oddly referring to Canada's Copyright Act that has been amended numerous times – including recording industry requested provisions such as private copying, rental rights, and statutory damages – as "the existing 1921 legislation."  The article includes a photo of musicians from the […]

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November 18, 2007 Comments are Disabled News

CPCC Moves to Strike CRIA Intervention in iPod Levy Case

Earlier this week, I noted that CRIA has submitted its brief in the iPod levy case and that it appeared to ignore the judge's ruling that it limit its argument to the core issue before the court.  Apparently, I was not the only one to notice the similarity between CRIA's initial request to intervene and this most recent brief.  The CPCC has wasted no time in submitting its own motion to the Federal Court of Appeal asking it to strike out the entire brief.  According to the CPCC:

"An examination of CRIA's Memorandum shows that it is nothing more than a condensed version of the representations contained in its motion to intervene.  By addressing the seven issues identified in its motion CRIA has blatantly disregarded the ruling of this Court, which ordered that 'CRIA shall address only the three major issues before this Court…"

The CPCC is also furious that CRIA raised issues about the impact of P2P downloading and compliance with the Berne Convention, when there is no evidence on those issues before the court. 

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November 16, 2007 8 comments News

Access Copyright Sues Staples/The Business Depot for Copyright Infringement

Access Copyright has launched a $10 million lawsuit against Staples/The Business Depot for unauthorized copying by store customers.  The copyright collective claims this is the largest lawsuit ever launched over copyright infringement of published works in Canada.  Given the high stakes, this is the sort of case that could end […]

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November 15, 2007 12 comments News

Canada’s Digital Info Strategy Stuck in an Analog World

My weekly technology law column (Toronto Star version, Ottawa Citizen version, homepage version) focuses on the Library and Archives Canada's (LAC) recently released draft Canadian Digital Information Strategy that may provide some momentum behind digitization plans in Canada. In today's technological world, most content is "born digital," yet there remains a rich history of books, music, film, photos, and other works in analog form.  Since people increasingly have access solely to digital content, policy makers must confront the challenge of how to bring all of our culture and historical knowledge into the digital realm.

The strategy makes for sobering reading – Canada may have once been a world-leader in Internet access, yet today it finds itself years behind other countries in developing a clearly focused strategy to link digital access with digital information. Most of our major trading partners, including the United States, European Union, Australia, New Zealand, and China have already established digitization strategies that feature robust programs and ambitious plans.  Moreover, some of those countries have benefited from private sector digitization initiatives led by Google, Yahoo, Microsoft, and the Internet Archive. Those countries recognized that an effective digitization strategy yields significant domestic benefits such as wider access to knowledge for all communities, a greater appreciation of national cultural heritage, and the facilitation of lifelong learning.  There are tangible international advantages as well, since digital access supports cultural exports and collaborative scientific research.

In order to close the ever-widening gap, the strategy focuses on strengthening Canadian digital content creation, preserving older content, as well as maximizing access and use.  The three-pronged strategy hits many of the right buttons by emphasizing the need to support the creation of digital content (many government funding programs are still stuck in the analog era), highlighting the value in identifying the priority works in need of digitization, and fostering a framework that emphasizes access.

Yet despite its laudable goals, the draft strategy suffers from timidity.  

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November 13, 2007 Comments are Disabled Columns