Tuesday, August 21, 2012

6. Discussion with Creative Commons Canada

This is not legal advice. Leave audio feedback at (512) 686-6329.
This show was edited using GNU/Linux.

Expected Audience:
Individuals interested in the Canadian legal system and international IP issues more generally.

We're back! Rumors of our demise are greatly exaggerated! 
Seriously though, I'd like to apologize to CC Canada, Kent Mewhort and all of our listeners for taking so long to get this show out. Tomorrow I hope to get out our overdue show with CC Japan.

This time Nick and Doug discuss Canadian copyright, the Trans-Pacific Partnership and, of course, Creative Commons with Kent Mewhort of Canadian Internet Policy and Public Interest Clinic and CC Canada.

Click below to read our blow-by-blow show notes.

Nick and I are both right about the circuit number: http://identi.ca/notice/95866029


Canada didn’t have a CC Affiliate team for a while, can you tell us a little about what it took to get things going again?

Canadian Internet Policy and Public Interest Clinic ← University of Ottawa

Benefits of CC Affiliate system?
better to tap into network of CC lovers

What sorts of things are coordinated with SF?
CC 4.0

Important to have legal people involved as well as other people from “the community”

CC 4.0?
Focus on data becomes important.

Anything unique about Canadian Copyright that makes it easier to work with data?
No copyright on facts....gonna be hard for 4.0

Copyright on data // OpenStreetMap?

Can you tell us about the new copyright legislation in Canada?
very exciting

5 New Copyright Supreme Court Decisions
Starting to look a lot more like US Copyright.
DRM! ← digital locks

fair dealing ~= fair use

User Generated Content?
Not just like -NC
you can’t interfere with
Fair Dealing is a two prong test. ←
1) fit in a box ← courts recently broadened this.
2) character of the dealing

users rights

SOCAN wanted to charge for 30 second previews: http://www.socan.ca/

SCOC (Supreme Court of Canada) says “research” is broad

How much influence does the French civil law system have in Canada?
Judge made law.
Civil system is alive and well in Quebec.
IP is federal in Canada, just like (copyrights and patents) in the US.
No provincial trademark, unlike in the US.

One interesting aside about contracts
Technical Protection Measures ← this is a matter of contract law, which is a matter of provincial law, like the US.

Supreme Court Procedure in Canada?
Federal Court system
Copyright board ← administrative tribunal that determines “tariffs”
Federal Court of Appeals ←
Cost is a problem without worrying about distance! Litigation is expensive!

There is something similar to the Library of Congress?
exceptions would have to be litigated.
Recourse is through the courts!

Members of Parliament are not inaccessible, but could be more accessible.

Open Government!

Senators in Canada are “House of Lords”!

What’s the deal with the Trans-Pacific Partnership and the US?
Fair Use is one way in which the US policy good.
US is bully specifically about DRM in C11!


What are some of your favorite Canadian artists or projects?
Plastic Man -- minimal

Do you have an Canadian success stories you can share?
Open Education!

Is there anything else you would like to share?
Keep an eye CC Canada! Interesting stuff coming down the pike (or pipe, whichever you prefer)

 "Skate Canada" by Subidus - CC BY-SA - Website

How to get in touch:
Last.fm usernames: DouglasAWh and revnicklucre.
Libre.fm usernames: douglasawh and nrclark.
Status.Net usernames: douglasawh and nrlucre 
We’re on too many social networks to list them all!

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