Law Bytes

Dubbed by some as the worst film ever made, The Room has become a cult-like film classic. Written, directed, produced and starring Tommy Wiseau, the movie was the subject of the 2017 film The Disaster Artist and a documentary titled Room Full of Spoons by Canadian documentary filmmakers who wanted to tell the story of the film and its popularity. The documentary has been the subject of years of litigation with Wiseau at one point obtaining an injunction to stop its release. The Ontario Superior Court of Justice recently released an important decision in the case with significant implications for creators involving copyright, fair dealing, moral rights, and a host of other legal issues. Bob Tarantino, Counsel at Dentons Canada LLP, joins me on the podcast this week to discuss why the decision will be welcome news for documentary filmmakers. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: Wiseau Studio, LLC v. Harper Tarantino, Room Full of Spoons: The Contributions of Wiseau Studio v. Harper to Canadian Entertainment Law Credits: The Room, IMDBB page

The state of Internet access in Canada has been the subject of considerable debate in recent years as consumers and businesses alike assess whether Canada has kept pace with the need for universal access to fast, affordable broadband. What is now beyond debate is that there are still hundreds of thousands of Canadians without access to broadband services from local providers and that for those that have access, actual speeds may be lower than advertised and below the targets set by the CRTC, Canada’s broadcast and telecommunications regulator. CIRA, the Canadian Internet Registration Authority, manages the dot-ca domain and has played an increasingly important role on Internet policy matters. CIRA recently submitted a report on the urban-rural broadband divide as part of a CRTC process on potential barriers to broadband in underserved areas. Josh Tabish from CIRA joins me this week on the podcast to discuss the IPT, the CRTC submission, and the future of universal access to broadband in Canada. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: CIRA, New Internet Performance Data Shows the Staggering Scale of Canada’s Urban-Rural Digital Divide Credits: Global TV, Rural Communities Could Suffer from Broadband Internet Service Cuts

The Federal Court of Appeal delivered its long-awaited copyright ruling in the York University v. Access Copyright case last month. This latest decision effectively confirms that educational institutions can opt-out of the Access Copyright licence since it is not mandatory and that any claims of infringement will be left to copyright owners to address, not Access Copyright. The decision is a big win for York University and the education community though they were not left completely happy with the outcome given the court’s fair dealing analysis. The decision also represents a major validation for University of Toronto law professor Ariel Katz, whose research and publications, which made the convincing case that a ‘mandatory tariff’ lacks any basis in law”, was directly acknowledged by the court and played a huge role in its analysis. Professor Katz joins me on the podcast this week to talk about the case, the role of collective licensing in copyright law, and what might come next for a case that may force Access Copyright to rethink the value proposition of its licence. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: Spectre: Canadian Copyright and the Mandatory Tariff – Part I Credits: Standing Committee on Industry, Science and Technology, May 24, 2018

As governments grapple with challenging questions about when and how to relax the current Coronavirus restrictions and give the green light to re-opening businesses, schools, and community spaces, there has been increasing emphasis on the potential for technology to assist with critical activities such as contact tracing. Canada has moved more cautiously on this issue, but the introduction of contact tracing apps seem likely. What will the apps look like and what legal framework is needed to safeguard a myriad of privacy and civil liberties concerns? Lilian Edwards is a law professor at Newcastle University where she is the Professor of Law, Innovation and Society.  She has been leading a fascinating project that seeks to address the legal concerns that might arise from contact tracing apps with a model bill that could be used to establish safeguards and other legal limits. She joined me on the podcast to talk about the latest developments on contact tracing apps, the growing schism between countries, and the legal rules that could address some of the public concerns. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: The Coronavirus (Safeguards) Bill 2020: Proposed protections for digital interventions and in relation to immunity certificates Credits: CBC News, How Your Phone Could Play a Role in Coronavirus Contact Tracing

Fair dealing – the Canadian version of fair use – has been recognized by the Supreme Court of Canada as a users’ right. The need for a large and liberal interpretation to the right is a cornerstone of Canadian copyright law. With millions of Canadian students at home due to the Coronavirus pandemic, the importance of fair dealing has grown as teachers seek to provide access to teaching materials and ensure they remain compliant with the law. Sam Trosow and Lisa Macklem of Western University recently published a detailed analysis on fair dealing and emergency remote teaching in Canada. They joined me on the podcast to discuss fair dealing, its application during the current pandemic, and recent developments involving reading aloud programs as well as the Federal Court of Appeal decision in York University v. Access Copyright. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: Trosow and Macklem, Fair Dealing and Emergency Remote Teaching in Canada Credits: CITYNews, Students, Teachers Navigate E-Learning as Program Launches Amid Coronavirus Pandemic

Communities around the world raced to respond to the coronavirus pandemic last month by shutting down as businesses, schools, and libraries were rendered unavailable seemingly in an instant. One of the effects of the shutdown was that hundreds of millions of books were immediately made inaccessible to students, teachers, and the wider community.  The Internet Archive responded with the National Emergency Library, a tweaked version of its Controlled Digital Lending program that brings scanned versions of millions of lawfully acquired books to readers under strict controls. I’ve been a longstanding board member of Internet Archive Canada and was pleased to be joined on the podcast by Brewster Kahle (founder of Internet Archive), Chris Freeland (Director of Open Libraries at Internet Archive), and Kyle Courtney (lawyer, librarian and the copyright advisor at Harvard University) to talk about the Internet Archive, controlled digital lending, the National Emergency Library, and the copyright implications of recent developments. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Credits: NBC Today, The Internet Archive Wants to be a Digital Library For Everything

Bill C-13, the COVID-19 Emergency Response Act, was the Canadian government’s legislative response to the Coronavirus pandemic. In addition a host of economic measures, the bill included some unexpected patent law provisions designed to speed access to essential medicines, devices or treatments. Matthew Herder, the director of the Health Law Institute at Dalhousie University, joins the podcast discuss the new Canadian rules, the use of compulsory licensing to enhance access to medicines, and other innovative approaches to overcoming potential access barriers raised by intellectual property laws. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Credits: CTV News, Canada’s Chief Public Health Officer Says a Coronavirus Vaccine is ‘Probably’ a Year Away

Millions of Canadians are at home, schools are closed, and Canada is undergoing an unprecedented shift to distance or online learning. Adapting course materials to the online learning environment can create significant new challenges for teachers and students alike. Open educational resources (OERs) provides a model for convenient, cost-effective access with no copyright barriers to worry about, expensive texts to purchase, or restrictions on adaptation, customization or re-use. David Porter, who has been a leader in open and distance learning since the 1990s, joins the podcast to discuss how the current shift to online learning places the spotlight on the benefits of OERs and open textbooks. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Credits: CityTV News Toronto, Ontario Schools Closed for 2 Weeks After March Break CBC News, Canadian Universities Cancel Classes in Response to COVID-19

With experts warning that the Coronavirus pandemic may last well into next year, the urgency of limiting the spread of the virus is sure to increase. Cellphone and social media data will increasingly be viewed as a valuable source of information for public health authorities, as they seek to identify outbreaks in communities more quickly, rapidly warn people that they may have been exposed to the virus, or enforce quarantining orders. Israel has implemented a system that involves the collection and use of cellphone location data to identify at-risk individuals, who may receive text messages warning that they need to self-quarantine. That system has been challenged at the Israeli Supreme Court, which last week rejected elements of the plan and established a requirement of Israeli parliament approval for the measures. Tel Aviv University law professor Michael Birnhack joins me on the podcast to discuss the details of the measures and the civil liberties and democratic concerns they raise, even at a time of global crisis. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Credits: i24 News, Israeli Gov’t Approves COVID19 Mass Surveillance Measure

Over the past several weeks, our world has been upended by Coronavirus or COVID-19 pandemic. Given the head-spinning changes taking place in our society, there is a widely recognized need for immediate open access to the latest research and medical developments. Yet despite the fact that the public often funds research in the area, the conventional publishing model often places that information behind paywalls or subscription fees. Heather Joseph, the Executive Director of SPARC, joins me on the podcast this week to discuss the response from publishers, funders and other stakeholders to the urgent need for access to COVID-19 research and what the response tells us about the issue of open access to scholarly research more broadly. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Credits: Global News, Coronavirus Outbreak: Canadian Health Minister Announces $27M for COVID-19 Research

The ratification of the Canada – US- Mexico Trade Agreement has captured considerable attention with several committees studying Bill C-4, the bill aimed at ratifying the deal. Over the past month, I’ve had the opportunity to appear before two of those committees – the House of Commons Standing Committee on International Trade and on Industry, Science and Technology – where I discussed the digital law and policy implications the agreement. This week’s podcast features excerpts from those appearances, including my opening statement and the ensuing discussion with several MPs on copyright term extension, cultural policy, and privacy. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Credits: Global News, USMCA Tops Agenda When Canadian Parliament Resumes Standing Committee on Industry, Science and Technology, February 24, 2020 Standing Committee on International Trade, February 19, 2020

Facial recognition technologies have attracted mounting attention in recent weeks led by a New York Times report on Clearview AI, soon followed by revelations of police use of the service in multiple Canadian cities. In fact, just after recording the interview for this podcast, there were revelations that the Clearview AI service has been used in Canada by an even wider array of police forces, retailers, insurance investigators, and others than previously imagined. In some instances, those organizations had denied using the service. There are now several privacy commissioner investigations into the situation. To examine the concerns associated with facial recognition technologies and what we should do about it, I’m joined on the podcast this week by Nasma Ahmed, a technologist and community organizer that works within the intersections of social justice, technology and policy. She recently published an op-ed in the Globe and Mail with McGill’s Taylor Owen calling for a pause on the technology. Nasma is currently Director of the Digital Justice Lab, which is based in Toronto. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: Taylor Owen and Nasma Ahmed, Let’s Face the Facts: To Ensure Our Digital Rights, We Must Hit Pause on Facial-Recognition Technology Credits: Global News, Controversial Facial Recognition Tool Admittedly Used by Toronto Police CBC News, Why Experts Are Concerned About Facial-Recognition Technology

Copyright term extension has emerged as a major policy issue in Canada in recent months. Canada’s general copyright term is life of the author plus 50 years and successive governments have rejected lobbying pressure to extend by an additional 20 years. That changed with the new NAFTA, which includes a life plus 70 years requirement. Canada negotiated a 30 month transition period with no need to extend the copyright term during that time. The Canadian copyright review recommended that any extension include a registration requirement for the extra 20 years. Paul Heald is a law professor at the University of Illinois, where he has led the world in conducting extensive empirical analysis on the effects of copyright term extension and the value of the public domain. His work has used some creative methods examining data on sites such as Amazon and Wikipedia to learn more about the effects of term extension. He joined me on the podcast to discuss his findings and new work he has been doing on the data in Canada. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: How Copyright Keeps Works Disappeared The Valuation of Unprotected Works: A Case Study of Public Domain Photographs on Wikipedia Credits: House of Commons, January 31, 2020

The long awaited CRTC review into wireless services kicks off this week with virtually every key stakeholder – the big carriers, regional carriers, independent carriers, consumer groups, and many others – making their way to Gatineau to set out their vision for the future of wireless services in Canada. Elliot Noss, the CEO of Tucows, owns Ting, an MVNO that has carved out a niche in the U.S. market, but does not offer service in Canada as the big carriers won’t play ball. Elliot joins the podcast in advance of the CRTC hearing to discuss the state of Canadian wireless market, the role of MVNOs, and what he thinks needs to happen in Canada to make pricing more competitive. The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Credits: CBC News, Why is Canada-based Ting is not Available for Cell Phone Users in Canada?

The release of the much-anticipated Broadcast and Telecommunications Legislative Review Panel report late last month sparked a torrent of discussion and debate. The 235 page report – often referred to as the BTLR or Yale Report – features 97 recommendations that covers telecom, broadcast, the future of the CBC, online harms, digital taxation, and a myriad of other issues. Janet Yale, the panel chair, joins the podcast this week to talk about the report. Our wide ranging conversation touches on the policy objectives of the panel, the news regulation concerns, net neutrality, consumer costs, and what may lie ahead for communications law reform. The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod. Show Notes: Broadcasting and Telecommunications Legislative Review Panel Credits: CTV News, Heritage Minister Steven Guilbeault on Licensing Requirements for Media CTV News, Guilbeault Walks Back Earlier Comments, Says Ottawa Won’t License News Outlets Transcript: LawBytes Podcast – Episode 38 transcript powered by Sonix—the best audio to text transcription service LawBytes Podcast – Episode 38 was automatically transcribed by Sonix with the latest audio-to-text algorithms. This transcript may contain errors. Sonix is the best way to convert your audio to text in 2020. Michael Geist: This is Law Bytes, a podcast with Michael Geist.