copyright reform Archives

Upcoming IP/IT events you won’t want to miss

It’s the fall. After a long hot summer, you may be ready to attend a conference, roundtable, or panel discussion to learn about important developments or issues in IT/IP law. Here are few I am participating in that you may want to attend.

October 3-4, The 2012 Quorum Club. The Quorum Club brings together senior corporate counsel and senior private law firm practitioners in a setting where they can share ideas, opinions and network in a way that few gatherings in Canada offer.…

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When a tweet crosses the line

I can’t figure this one out. I’m a lawyer, not a psychologist.

After the Supreme Court of Canada released its decision in the Access Copyright case, two academics, Michael Geist and Ariel Katz, stepped up their attacks on Access Copyright.

Michael Geist claimed that the Supreme Court’s decision eviscerated Access Copyright’s business model. In a reply blog post I showed this claim did not stand up to scrutiny.

Ariel Katz jumped in to defend Michael Geist. A major portion of his blog, however, contained a vitriolic attack on Access Copyright.…

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Canada a country in copyright transition says US Congressional anti-piracy caucus

Last week, The US Congressional International Anti-Piracy Caucus published its 2012 International Anti-Piracy Caucus Country Watch List. Canada, which had previously been on the watch list, has now been reclassified along with Spain as a country “in transition”. According to the report, “Both Canada and Spain have taken positive steps towards putting in place a stronger legal framework for the protection of copyright, and as such we have included them this year as countries in transition to acknowledge the progress made, while urging both to follow through strongly on their commitments.”…

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Fair use for Australia?

Earlier this week, the Australian Law Reform Commission published an Issues Paper titled Copyright and the Digital Economy. The paper asked 55 questions about copyright and possible reforms to Australia’s copyright laws. The paper discusses many reforms debated in Canada during the 2009 Copyright Consultations and more recently during the debates and examination of The Copyright Modernization Act (Bills C-32 and C-11) in the House of Commons Special Legislation Committee. These include new exceptions to permit copying for private uses such as format and time shifting, online uses for social media, uses by libraries, archives and for education, and safe harbours for Internet intermediaries.…

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The Andersen P2P file sharing study on the purchase of music CDs in Canada

In 2006, the highly regarded economics professor Prof. Liebowitz, Director of the Center for Economic Analysis of Property Rights and Innovation at University of Texas, surveyed the entire field of econometric studies on file sharing. On the basis of his comprehensive review (which displayed a remarkable consensus on the issue), he concluded that “file-sharing has brought significant harm to the recording industry”. Prior to that in a comprehensive article published in 2005 Prof. Liebowitz criticized the theory that unlicensed file sharing helps copyright owners.…

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My remarks to the Senate Committee studying Bill C-11

The following are my opening remarks to the Senate Committee studying Bill C-11 earlier today. The link to the webcast can be found here.

I would like to thank the committee for inviting me to appear today to provide input on Bill C-11.

Before starting my remarks, I would like to give you some background about myself.

I am a senior partner with the law firm McCarthy Tétrault.
I am an adjunct professor at Osgoode Hall Law School where I teach IP law.

…

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Developments in Computer, Internet and E-Commerce Law (2011-2012)

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2011-2012). It covers significant developements since my talk last spring, Developments in Computer, Internet and E-Commerce Law (2010-2011).

The slides include a summary of the following cases:

Kraft Real Estate Investments, LLC v Homeway.com, Inc. 2012 WL 220271 (D.S.Car. Jan 24, 2012)

Swift v. Zynga Game Network, Inc., 805 F.Supp.2d…

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A Reply to William Patry

The following is a reply to William Patry’s lengthy response to my blog of March 16. Both the blog and Mr. Patry’s response may be found here. Given the length of my reply, for ease of reading, I am posting my reply here and inserting a cross-reference to this page in the comments section of the March 16 blog.

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Mr. Patry,

I have the greatest respect for your knowledge and experience, and for your contributions to the copyright debate, both through your texts and through your lively blog.…

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Misleading Parliament? Really?

Early this week, I opened a lengthy response in Howard Knopf’s blog to my recent post in this blog. Never one to mince his words, Mr. Knopf suggests with sound and fury that I have sought to “mislead Parliament” by posting on the issue of the educational fair dealing provision. Although the House of Commons Committee on Copyright has completed its clause-by-clause review of Bill C-11 without touching this provision, there are certain statements in Mr. Knopf’s blog that need to be addressed.…

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