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.

The Public Interest Advocacy Centre (PIAC) has requested me to prepare a Report in connection with the application by the FairPlay Coalition to the CRTC and its proposed website-blocking mechanism. PIAC asked me to assess the Applicants’ claims in light of the best available theoretical and empirical evidence. More specifically, to determine whether the academic literature and the Application itself substantiate the alleged harms of piracy and the efficacy and benefits of the proposed website blocking remedy. If you’d like to read my Report, here it is. If you’d like to read only the introduction and the conclusion, keep reading.

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 »