First published in the Globe and Mail on Oct 25, 2016 While Wallonia’s opposition to the Canada-EU Comprehensive Economic and Trade Agreement has received considerable attention, a recent decision of the German Federal Constitutional Court shows that CETA faces more fundamental hurdles than most Canadian and European leaders are willing to acknowledge. On Oct. 13, the constitutional court declined to issue a preliminary injunction prohibiting the German government from signing CETA. While it allowed Germany to sign, a careful reading of the decision reveals that it gave CETA a very qualified green light and contains several important lessons for Canada.

Pier-Luk Bouthillier is a Montreal graphic designer. He had previously worked as an Art Director for the cultural weekly “ICI Montreal”, and in 2007, he launched his first in a series of environmentally-themed t-shirts. You can see his t-shirts on his website (as well as some ‘Fleur de lys’ boxer briefs). One of Mr. Bouthillier’s shirts, J’aime Montréal, features a few stylized drawings of various Montreal landmarks, organized around the slogan J’♥ Montréal. According to the CBC, this got Mr. Bouthillier in some legal trouble.

The University of Toronto Library’s Scholarly Communication and Copyright Office and the University of Toronto Bora Laskin Law Library@ organized a terrific conference on copyright in Canada three years after the Copyright Pentalogy and the Copyright Modernization Act. I had the pleasure and honour to be one of the three featured speakers. Here is my talk:

Yesterday, McGill’s Centre for Intellectual Property Policy and I filed a joint Intervener Factum in the CBC v SODRAC case before the Supreme Court of Canada. The Court granted us leave to intervene with respect to the question of whether tariffs that the Copyright Board approved can be imposed on users. In the decision below, the Federal Court of Appeal (“FCA”) held that a collective management organization (“CMO”) can ask the Board to approve a licensing scheme and then impose it on users. If correct, such users then have no choice other than to deal with the CMO, and must, as …

Why Tariffs Aren’t Mandatory: Now the Factum Read more »

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For years Hollywood has waged war on the open internet. It may have taken freedom of expression for granted and believed that only the open internet puts it at risk. Maybe it should begin rethinking its priorities. It if does, it may discover the open internet protects it as much as, and probably more, than stronger copyright law would ever do.