Canada has slowly asserted an independent copyright position on the domestic and international fronts in spite of intense and immense pressure from the USA and the UK. That independence has taken a long time to achieve, and it has been denied or imperiled many times – including now. Being something of a copyright nerd, I have a lot of books on Canadian and international copyright. Three of these books deal in various ways with the origins of copyright law in Canada in the 19th century. The latest and most detailed book is by Prof. Myra Tawfik of the University of Windsor law faculty.  H ..read more

It is easy to lose track of how many major decisions that Access Copyright has LOST in the last twenty years, which include three straight losses in the Supreme Court of Canada (CCH in 2004, Alberta in 2012, and York in 2021) and now a very notable Federal Court decision that is likely to be upheld in any appeal. The latest is the landmark ruling by Justice Aylen of the Federal Court in Province of Alberta et al v. Access Copyright 2024 FC 292, rendered February 22, 3035 I have quoted at length from Justice Aylen’s ruling because it is very long (121 pages) and detailed and will be a challenge ..read more

 I watched with great interest the two-day summary judgment hearing on January 17 and 18, 2024 in Province of Alberta et al v. Access Copyright. This particular proceeding has been going on for almost five years, and the overall confrontation between these parties for much longer. I would expect, with the inevitable appeals, that it could go on potentially for years to come. There is much that I could say about all this, but I won’t say it now. I will, however, say this. For the purpose of its so-called equitable claim in this litigation, Access Copyright argued in court that the 2012 ame ..read more

 For those following the proceedings in Province of Alberta et al v. Access Copyright, Federal Court T-326-18 (the K-12 proceeding), which I wrote about on October 5, 2023, here is what to expect following the conclusion of the opening statements and evidentiary phase of the summary trial motion. This is the Direction of the Federal Court from presiding Justice Aylen dated October 17, 2023: Ottawa, Ontario K1A 0H9 October 17, 2023 BY EMAIL ONLY Counsel for the Plaintiffs: Wanda Noel wanda.noel@bell.net, wanda.mary.noel@gmail.com Ariel Thomas law@arielthomas.ca J. Aidan O’Neill aoneill@fas ..read more

 So - I asked ChatGPT What are the copyright issues involved with generative AI? Not bad for the price...?: ChatGPT Generative AI, which includes models like GPT-3 and similar technologies, can raise several copyright issues and legal considerations. It's important to note that copyright law can vary from country to country, so it's essential to consult with a legal expert for specific advice. However, here are some general copyright issues and concerns related to generative AI: Ownership of Generated Content: One of the primary copyright concerns is determining the ownership of conte ..read more

In 2018, the Province of Alberta and dozens of K-12 school boards sued Access Copyright for a refund of $25 million they allegedly overpaid for Access Copyright licences for 2010, 2011 and 2012. Access Copyright, on the other hand, has defended and  counterclaimed for a potentially much larger amount based upon subsequent Copyright Board tariffs. Of course, as we all know, the Supreme Court of Canada ruled in 2021 that Access Copyright’s Copyright Board tariffs are not “mandatory”. See York University v. Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32 (CanLII), <htt ..read more

The Globe and Mail has recently published three misleading and seriously inaccurate opinion pieces about Canadian copyright law from authors who should know better, given their backgrounds. They are from Kate Taylor dated May 26, 2023, August 2, 2023 and Hugh Stephens, July 15, 2023. One might have expected better basic fact checking from what is supposedly Canada’s “national newspaper” and/or “newspaper of record” of conspicuous copyright canards. Both authors advocate for changing Canada’s copyright law to impose potentially great mandatory costs on the post-secon ..read more

(Captain Copyright ~ 2006) For the second time in recent weeks, the Globe Mail – supposedly Canada’s “newspaper of record” - has published highly misleading and embarrassingly over the top op eds from authors who really should know better, given their notable backgrounds. No doubt they mean well and aren’t beholden to Access Copyright – but their opinions are so over the top and poorly informed that they have a very bad look: Kate Taylor, May 26, 2023 Hugh Stevens, July 15, 2023 Hugh Steven’s opinion piece conveniently follows up just two days later on the announcement by Access Copyright ..read more

  (Blacklocks.ca) For over nine years, Blacklock’s has pursued a remarkably determined litigation strategy that has involved nearly two dozen Federal Court lawsuits, including 13 against the Federal Government and its agencies. Its efforts against the Federal Government have been notably unsuccessful and none of its efforts against other parties have resulted in any successful legal precedents from Blacklock’s standpoint. On June 7-9, 2023, the Federal Court heard a summary judgment motion brought by the Government with a public interest intervention by CIPPIC that could bring this litan ..read more

Bill C-18 (the so-called “Online News Act”), which is often referred to as the “link tax” bill, is very likely unconstitutional. There's been an excellent analysis of several reasons why this is the case by Konrad von Finckenstein and Phillip Palmer, whose joint and several expertise is quite formidable. These learned authors mention copyright and seem to acknowledge a possible connection to copyright – but I would go farther and add one more potentially final nail to the C-18 constitutional coffin. This involves copyright law. I would contend that there is and cannot be any possible connect ..read more