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

Ministers Respond to Industry Committee Counterfeiting Report

Four government ministers – Day (Public Safety), Prentice (Industry), Emerson (International Trade), and Nicholson (Justice) – have issued their response to last spring's Industry Committee counterfeiting report that included 19 recommendations for reform including stronger penalties, WIPO ratification, and increased border enforcement.  The letter, which interestingly does include Canadian Heritage Minister Josee Verner, avoids addressing each specific recommendation as the Committee requested, choosing instead to offer some general words of support for anti-counterfeiting measures.

The letter rightly focuses first on concerns associated with health and safety.  The letter continues by noting that the Government's first step in its IPR strategy has already been taken with the passage of last spring's anti-camcording legislation.  Moreover, it adds that there is ongoing inter-departmental work on strengthening IP enforcement.

Looking ahead, the letter again confirms that the DMCA is headed to Canada, stating that:

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October 18, 2007 9 comments News

Copyright Board Rules Music Previews Constitute Fair Dealing

The Copyright Board of Canada has just issued the first part of its decision in the long-running (since 1996) Tariff 22 case.  The Board is prepared to establish a tariff for the communication of musical works over the Internet and  while much of the decision is devoted to economic analysis, several key legal questions are addressed.  Of greatest interest is its conclusion that offering music previews (ie. a portion of a song) constitutes fair dealing under Canadian copyright law as it can be characterized as copying for the purpose of research.  This decision – which is right in my view – highlights the very broad nature of fair dealing following the Supreme Court of Canada's CCH decision. 

The Board rightly notes that listening to an excerpt of a work is consumer research into whether they might like to purchase the song, concluding that:

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October 18, 2007 9 comments News

Here Comes the DMCA

With U.S. Ambassador to Canada David Wilkins looking on, the Conservative government unveiled its Speech from the Throne tonight.  Wilkins and the copyright lobby undoubtedly liked what they heard.  As expected, the government has prioritized copyright reform, promising to "improve the protection of cultural and intellectual property rights in Canada, […]

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October 16, 2007 15 comments News

Music Industry Needs Dose Of Innovation, Not Intervention

My weekly technology law column (Toronto Star version, Ottawa Citizen version, The Tyee version, homepage version) focuses on the contrast between artists such as Radiohead and Nine Inch Nails that are adopting new distribution models, and the recording industry, which continues to lobby for anti-circumvention legislation.  In the weeks leading up to today's Speech from the Throne, CRIA and others lobby groups have urged the government to prioritize intellectual property protection. 

While the data suggests that peer-to-peer file sharing is at best only a minor reason for the decline (more significant is competition from DVD and video game sales and the emergence of big box retailers such as Wal-Mart who have pushed down retail prices and decimated sales of older titles), events over the past month have provided the clearest indication yet that musicians and music sellers are charting a new course that is leaving the major record labels behind.

In the mid-1990s, the industry focused on retaining its core business model by emphasizing two strategies.  First, it relied on copy-control technologies, supported by additional legal measures, to curtail unauthorized copying.  Second, it lobbied for the establishment of a private copying levy on blank media to compensate for the copying that technology could not control.

Ten years later, that strategy is now in tatters.  

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October 16, 2007 7 comments Columns

Music Industry Needs A Dose of Innovation, Not Intervention

Appeared in the Toronto Star on October 15, 2007 as Music Industry Needs Innovation Not Intervention Appeared in the Tyee on October 16, 2007 as Music Biz Wants Crackdown In the weeks leading up to tomorrow's Speech from the Throne, several music industry lobby groups have urged the government to […]

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October 15, 2007 7 comments Columns Archive