Author: Michael Geist

Canadian Copyright, Fair Dealing and Education, Part One – Setting the Record Straight

Posted by | Feb 21, 2023 | , ,

[Michael Geist] Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. In doing so, they have relied on a steady diet of misleading claims about the state of the law, the licensing practices of Canadian educational institutions, the importance (or lack thereof) of copying of materials in course packs, and the effects of fair dealing. This week is Fair Dealing Week, which provides an opportunity to set the record straight on Canadian copyright and education, backed by actual data on what takes place on university campuses across the country.

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Why the Education Community Should Be Paying Attention to the WTO E-commerce Work Programme

Posted by | Jul 19, 2022 | ,

[Michael Geist] …As further discussed in an Education International policy brief “E-commerce, Education and Copyright”, the merger of e-commerce and education opens the door to new, for-profit online educational service providers that may have a disruptive impact on a sector that has traditionally operated primarily on a non-commercial, public interest basis… Unfortunately, the implications for education of these e-commerce and copyright rules are frequently an afterthought as trade negotiations are primarily driven by intellectual property (IP) interests, including the cultural and publishing sectors. There is a need for greater understanding of the implications of e-commerce and IP rules within trade agreements, the retention of policy flexibility and privacy safeguards, the scope for exceptions for education and research, and the opportunity for educational stakeholders, including teachers, students, and institutions, to participate in trade policy development at the national and international levels.

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Afraid to Lead: Canadian Government Launches Timid Consultation on Implementing Copyright Term Extension

Posted by | Feb 16, 2021 | ,

[Michael Geist] After years of rejecting copyright term extension beyond the international law standard of life of the author plus 50 years, the Canadian government caved to pressure from the United States by agreeing to the equivalent of life of the author plus 70 years in the U.S.-Canada-Mexico Trade Agreement (USMCA). As part of that agreement, Canada obtained a 30 month transition period that would allow for consultation on how to implement the copyright term obligation. That consultation was launched late yesterday, with the two departments responsible for copyright – ISED and Canadian Heritage – launching the consultation and a consultation document. The consultation period is very short with responses due by March 12, 2021. The department says that all responses will be made available online once the consultation is concluded.

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Federal Court of Appeal Deals Access Copyright Huge Blow As It Overturns York University Copyright Decision

Posted by | Apr 23, 2020 |

The Federal Court of Appeal delivered its long-awaited decision the York University v. Access Copyright case yesterday, setting aside the lower court ruling that I had described as “a complete victory” for Access Copyright. The latest ruling will not leave York University and the education community completely happy given the court’s fair dealing analysis, but winning on the mandatory tariff issue removes both the threat of mandated payments to Access Copyright as well as the possibility of a copyright infringement lawsuit by the copyright collective. That represents an enormous win both for York and for a fair approach to copyright licensing that ensures users have licensing choice.

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The Authoritative Canadian Copyright Review: Industry Committee Issues Balanced, Forward-Looking Report on the Future of Canadian Copyright Law

Posted by | Jun 9, 2019 | ,

In December 2017, the government launched its copyright review with a Parliamentary motion to send the review to the Standing Committee on Industry, Science and Technology. After months of study and hundreds of witnesses and briefs, the committee released the authoritative review with 36 recommendations that include expanding fair dealing, a rejection of a site blocking system, and a rejection of proposals to exclude education from fair dealing where a licence is otherwise available. The report represents a near-total repudiation of the one-sided Canadian Heritage report that was tasked with studying remuneration models to assist the actual copyright review. While virtually all stakeholders will find aspects they agree or disagree with, that is the hallmark of a more balanced approach to copyright reform.

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Canada Introduces USMCA Implementation Bill…Without a General Copyright Term Extension Provision

Posted by | Jun 3, 2019 |

The Canadian government tabled Bill C-100 yesterday, the bill to implement the Canada-US-Mexico Trade Agreement…. The bill also features several provisions related to copyright term but notably does not touch the current general copyright term of life of the author plus an additional 50 years. There are several new terms included in the bill with extensions for anonymous works, performances in sound recordings, sound recordings, and cinematographic works. The bill expressly states that none of the extensions are retroactive which means that the works that are currently in the public domain will remain there even after the new terms are established.

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Myths and Reality About Canadian Copyright Law, Fair Dealing and Educational Copying

Posted by | Apr 30, 2019 | , ,

Schools and universities are shifting to the use of digital resources – including to online E-reserves, E-Books and other forms of digital distribution. Collective (blanket) licensing, which for years has charged schools for making analogue reproductions of excerpts of printed works for use in printed course packs has declined in value and usefulness as education invests in digital licensing that offers enhanced access and reproduction rights. To facilitate the shift that benefits all stakeholders, legal rules must reflect emerging practices in which blanket licences compete in the market with alternative licensing models. One answer, represented by Canada, is a mix of broader copyright exceptions for the use of excerpts for educational purposes combined with a shift in educational spending toward buying and licensing more digital works and digital uses of works.

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No Need for New Internet Injunctions: Why Canadian Copyright Law Already Provides Rights Holders with the Legal Tools They Need

Posted by | Nov 12, 2018 |

As the Industry Committee’s copyright review continues to hear from stakeholders from across the spectrum, a recurring theme has been demands that the government create a new, explicit Internet intermediary injunction that would allow for everything from site blocking to search engine result de-indexing to a ban on payment providers offering services to some sites.

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Crunch Time in the NAFTA Negotiations: What’s at Play for Canada on Digital Policy?

Posted by | Sep 3, 2018 |

As the NAFTA negotiations hit a possible home stretch this week, the focal point has been primarily on issues such as dispute resolution, the dairy sector, and the auto industry. However, the digital policy issues will have huge implications for Canada and the outline of the agreement between the U.S. and Mexico suggests that Canada is facing considerable pressure to agree to changes to our copyright, patent, IP enforcement, and digital policy rules, contrary to our preferred negotiation approach.

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The First Rule of Copyright Reform: Don’t Mess With Free Speech and Net Neutrality

Posted by | Jul 19, 2018 | , ,

… What distinguishes the European copyright reform experience from others and what lessons might be learned for future efforts around the world? One takeaway is that there are presently two kinds of copyright reforms. The first involves a conventional balancing of copyright interests, typically framed as creator rights on the one hand and users’ rights on the other. Ensuring both appropriate compensation and reasonable rights of access and reuse are invariably contentious, but they are largely limited to copyright-related considerations… This stands in marked contrast to the second kind of copyright reform, which uses law to mandate copyright enforcement through regulating technology and digital networks. Those proposals have implications that extend far beyond the copyright balance, sparking concerns related to freedom of expression, privacy, and net neutrality.

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My CRTC Submission on the Bell Coalition Site Blocking Plan: Why it is Disproportionate, Harmful, and Inconsistent With Global Standards

Posted by | Apr 2, 2018 | ,

The CRTC’s deadline for submissions on the Bell coalition website blocking plan closed last week, with more than 10,000 people and organizations filing directly with the CRTC. The interventions including a warning from the U.N. Special Rapporteur for Freedom of Expression that the blocking plan “raises serious inconsistencies” with Canada’s human rights obligations, fears from ISPs that the plan will increase Internet costs for consumers, expert analysis on the technical risks of site blocking, and detailed reviews of the many problems with the plan. My submission has not yet been posted online, but is available in full here.

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NAFTA Offers Chance for Much-Needed Internet Safe Harbour Rules in Canada

Posted by | Jan 25, 2018 | ,

The NAFTA negotiations resume in Montreal this week with Internet liability emerging as an increasingly contentious issue. I was pleased to be part of a group of 55 Internet law experts and organizations that recently urged negotiators to include Internet safe harbour rules that promote freedom of expression in the agreement. The provision, which is already found in U.S. law, would lower barriers to startup online companies, advance free speech, and protect sites publishing consumer reviews.

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