On Wednesday, February 12, 2020, the Copyright Board sent out a Notice by email (the Notice has not yet appeared on the Board’s website) correcting an error made in its decision from December 6, 2019 regarding the approval of Access Copyright’s higher education tariffs. This is the second Notice correcting errors in the Board’s decision in this case. The Board had previously issued an Erratum after realizing that an error in calculating interest on the licence fees would have resulted, unintentionally, in doubling these amounts.

On Dec 4, I appeared before the House of Commons Standing Committee on Canadian Heritage, as part of the statutory review of the Copyright Act and its study on remuneration models for artists and creative industries. Here is my written testimony: Good morning. My name is Ariel Katz. I am a law professor at the University of Toronto, where I hold the Innovation Chair Electronic Commerce. I am grateful for the opportunity to appear before you today. In my comments today, I would like to focus on some of the ways in which copyright contributes to or detract from the …

Statutory Review of the Copyright Act: My Testimony Before the House of Commons Standing Committee on Canadian Heritage Read more »

On Dec 3, I appeared before the House of Common’s Standing Committee on Industry, Science and Technology, as part of the statutory review of the Copyright Act. Here is my written testimony: Good afternoon. My name is Ariel Katz. I am a law professor at the University of Toronto, where I hold the Innovation Chair Electronic Commerce. I am grateful for the opportunity to appear before you today. In my comments today, I would like to focus on dispelling some of the misinformation about the application of copyright law and fair dealing in the educational sector.

Two weeks ago, Justice Phelan of the Federal Court handed Access Copyright a huge victory in its lawsuit against York University.[1] I have followed the case closely and read the parties’ submissions and I have been constantly concerned that York risked snatching defeat from the jaws of victory. Unfortunately, this is what happened. The good news is that many of the Court’s fundamental findings rest on very loose foundations, that I am confident that York’s loss is only temporary, and that if York appeals the decision and handles the appeal appropriately, most, if not all, of the Court’s major findings …

Access Copyright v. York University: An Anatomy of a Predictable But Avoidable Loss Read more »

Earlier today, Australia’s Productivity Commission released its long-awaited Inquiry Report on Intellectual Property Arrangements. The Productivity Commission was set up by statute to provide the Australian Government independent research and advisory body on a range of economic, social and environmental issues, in order to help governments make better policies, in the long term interest of the Australian community. The lengthy report and its recommendations should be of interest to many readers of this blog. With respect to copyright, one of the Commission’s main areas of study was whether Australia should adopt an open and flexible fair use regime and abandon …

Productivity Commission: Tales of the Widespread Demise of Canadian Publishers are Just That Read more »