Why Has the Government Failed to Act on Copyright Notice-and-Notice When Internal Docs Raise Abuse and Fraud Concerns?

Sep 13 13:09 2017 Print This Article

Canada’s copyright notice-and-notice system has been the subject of controversy and misuse since the moment it launched in 2015.  The system was intended to educate the public on copyright and reduce infringing activity through awareness (experience indicated the approach worked), but has been misused by copyright owners who have used it to send millions of settlement demands to unsuspecting Canadians.  The misuse of the system was even the subject a question to Prime Minister Justin Trudeau during question period earlier this year.

While fixing the problem should be relatively easy – new regulations could prescribe precisely what may be included in the notice or there could be a prohibition on including settlement offers or demands within the notices – but the government has dragged its feet on the issue. The Conservatives knew there was a problem, but instead chose to prioritize extending the term of copyright for sound recordings after a behind-the-scenes lobbying campaign. The Liberals have similarly not acted on the issue, putting Copyright Board reform ahead in the queue.

Read More

About Article Author

Michael Geist

Dr. Michael Geist is a law professor at the University of Ottawa where he holds the Canada Research Chair in Internet and E-commerce Law. He has obtained a Bachelor of Laws (LL.B.) degree from Osgoode Hall Law School in Toronto, Master of Laws (LL.M.) degrees from Cambridge University in the UK and Columbia Law School in New York, and a Doctorate in Law (J.S.D.) from Columbia Law School. Dr. Geist is a syndicated columnist on technology law issues with his regular column appearing in the Toronto Star, the Hill Times, and the Tyee. Dr. Geist is the editor of several copyright books including The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (2013, University of Ottawa Press), From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda (2010, Irwin Law) and In the Public Interest: The Future of Canadian Copyright Law (2005, Irwin Law), the editor of several monthly technology law publications, and the author of a popular blog on Internet and intellectual property law issues. He has received numerous awards for his work including the Kroeger Award for Policy Leadership and the Public Knowledge IP3 Award in 2010, the Les Fowlie Award for Intellectual Freedom from the Ontario Library Association in 2009, the Electronic Frontier Foundation’s Pioneer Award in 2008, Canarie’s IWAY Public Leadership Award for his contribution to the development of the Internet in Canada and he was named one of Ca

Related Items

U.S. Further Tightens Regulations On Dealing With North Korea

On September 21, 2017, President Trump issued an Executive Order (yet to be numbered) (“EO”) imposing additional sanctions on North Korea. It took affect the next day. The general press has quoted Treasury Secretary Mnuchin as stating: “Foreign financial institutions are now on notice that go ...

In case of emergency, who do you call?

Yet another device is having problems making emergency calls in Canada. Last week, Bell warned its customers that the new Apple Watch Series 3 may not provide location information to the public safety bureaus when calling 9-1-1. Bell says that it is working with its technology partners to resolve t ...

Bell Calls for CRTC-Backed Website Blocking System and Complete Criminalization of Copyright in NAFTA

Bell, Canada’s largest telecom company, has called on the government to support radical copyright and broadcast distribution reforms as part of the NAFTA renegotiation. Their proposals include the creation of a mandated website blocking system without judicial review overseen by the CRTC and the ...

Hive Blockchain raises $30-million for new cryptocurrency mining centre

With its stock continuing to soar in the days since its trading debut, cryptocurrency miner Hive Blockchain (TSXV:HIVE) has decided to take advantage of its newly lofty price. In a press release Thursday, HIVE announced it would raise $30-million to acquire a second data centre. Hive CEO Harry Pok ...

University of California's Pension Scandal?

Jack Dolan of the Los Angeles Times reports, UC is handing out generous pensions, and students are paying the price with higher tuition:As parents and students start writing checks for the first in-state tuition hike in seven years at the , they hope the extra money will buy a better education.But ...

Air Canada is North America’s least expensive airline stock, Paradigm says

After attending the company’s annual investor day, Paradigm Capital analyst Corey Hammill remains bullish on Air Canada (TSX:AC) despite a share price that has soared in recent years. On September 19 in Toronto, Air Canada hosted its annual investor day in which the airline revealed newly updated ...

Are Fully-Funded US Pensions Worth It?

John J. McTighe, Jim Baross and David A. Hall wrote an op-ed for The San Diego Union-Tribune, Why full funding of pensions is a waste of money:Stark headlines have appeared over the past few years proclaiming that public pension plans in California are woefully underfunded and that basic services l ...

Boeing's Huge Pension Gaffe?

Katherine Chiglinsky, Julie Johnsson, and Brandon Kochkodin of Bloomberg report, Down $20 Billion, Boeing Stuffs Pension Fund With Its Own Shares:Like so many companies in America, Boeing Co. has largely neglected the gaping deficit in its employee pension as it doled out lavish rewards to sharehol ...

Carbon nanotubes for water desalination

In discussions about water desalination and carbon nanomaterials,  it’s graphene that’s usually mentioned these days. By contrast, scientists from the US Department of Energy’s Lawrence Livermore National Laboratory (LLNL) have turned to carbon nanotubes, There are two news items about the ...

Commander Spock, report to the PMO

CBS/Getty Images On Tuesday Prime Minister Trudeau and his science minister Kirsty Duncan will announce the name of the government’s Chief Science Advisor. There’s considerable excitement in the research community over this appointment, which fulfills a 2015 Liberal campaign commitment, ticks ...

Senator Woo and the future of the ISG - Loonie Politics

It was announced Monday morning that by acclamation, Senator Yuen Pau Woo and Senator Raymonde Saint-Germain won the positions of Facilitator and Deputy Facilitator of the Independent Senators Group, replacing Senator Elaine McCoy, who opted not to run again.  That this large and growing group of ...

Chelsea Manning barred from entering Canada

In a development that will most certainly strengthen the view that the government of Prime Minister Justin Trudeau will do anything appease the Trump administration, Canadian immigration authorities just barred Chelsea Manning from entering Canada. The post Chelsea Manning barred from entering Can ...