Episode 48: Sam Trosow and Lisa Macklem on Copyright and Fair Dealing During a Pandemic

October 28, 2021 00:33:20
Episode 48: Sam Trosow and Lisa Macklem on Copyright and Fair Dealing During a Pandemic
Law Bytes
Episode 48: Sam Trosow and Lisa Macklem on Copyright and Fair Dealing During a Pandemic
/

Show Notes

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

Other Episodes

Episode

October 21, 2021 00:35:54
Episode Cover

Episode 11: Reinterpreting Canadian Privacy Law - David Fraser On Cross-Border Data Transfers, the Right to De-Index, and the Facebook Investigation

Daniel Therrien, the Privacy Commissioner in Canada, is in the courts battling Google over a right to de-index. He’s calling for order making after Facebook declined to abide by his recommendations. And he’s embarked on a dramatic re-interpretation of the law premised on incorporating new consent requirements into cross-border data transfers. David Fraser, one of Canada’s leading privacy experts, joins the podcast to provide an update on the recent Canadian privacy law developments and their implications. 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. Credits: CBC, Privacy Commissioners Say Canada Has a Lot of Catching Up To Do Office of the Privacy Commissioner of Canada, PIPEDA and Your Business CNBC, Everything You Need to Know About a New EU Data Law That Could Shake Up Big US Tech CTV News CBC News, Facebook Broke Privacy Laws, Watchdogs Report Transcript: LawBytes Podcast – Episode 11 | Convert audio-to-text with Sonix Michael Geist: This is LawBytes, a podcast with Michael Geist ...

Listen

Episode

October 28, 2021 00:38:37
Episode Cover

Episode 61: Senator James Cowan on the Extraordinary Battle for a Genetic Anti-Discrimination Law in Canada

As the broad availability of genetic testing has mushroomed over the past two decades, privacy and potential discrimination concerns associated with testing results has increased. Until recently, Canada lagged behind other countries in this regard with no specific national legislation. That changed in 2017 with the enactment of the Genetic Non-Discrimination Act. The Act was quickly challenged on constitutional grounds, but earlier this month a divided Supreme Court of Canada upheld its validity. The law underwent a remarkable parliamentary journey featuring opposition from successive governments, lobbying against the bill by the insurance industry, passage in the House of Commons despite objections from then-Justice Minister Jody Wilson-Raybould, and a court challenge in which the government supported the effort to declare the law invalid. Senator James Cowan, who was the lead proponent of the legislation, joins me on the podcast to discuss what prompted him to take on the  issue and the unlikely path of Canada’s genetic non-discrimination law. 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: Supreme Court of Canada, Reference re Genetic Non-Discrimination Act Credits: CTV News, Genetic Non-Discrimination Law is Constitutional, Supreme Court Says ...

Listen

Episode

October 28, 2021 00:28:26
Episode Cover

Episode 59: "It's a Racist Policy" - Ben Cashdan on the U.S. Effort to Derail South Africa's Copyright Reform

South Africa spent years embroiled in a high profile effort to update its copyright law responding to concerns from creators, the education community, and the visually impaired that the longstanding laws did not serve the national interest and were harming creativity and access to knowledge. Its Parliament ultimately passed progressive reforms in 2019, but the bill languished on the desk of President Cyril Ramaphosa, who faced enormous trade pressures from the United States and European Union to not sign the bill and stop it from becoming law. Last month, he seemingly caved to the pressure, citing constitutional concerns in sending it back to the Parliament. Ben Cashdan is a South African documentary film maker and television producer who was active during the copyright reform process. He worked with Recreate ZA, which brought together a broad coalition of creatives, to advocate for both the interests of owning copyright in their own works, and in fairly using copyrighted materials in the creation of new works He joins me on the podcast this week to discuss the decade-long reform process, the external pressures, and explains why he thinks those pressures should be viewed as racist policies. 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: SABC News, Various Groups Call for Signing of the Copyright Amendment Bill ...

Listen