Bill C-32 (40th Parliament, 3rd Session) committee  I'd like to re-emphasize a few points and expand on others. It's all about balance, right? When we look at rights holders' and creators' rights, my concern is that if we don't do some tweaking to the existing exceptions that are now in the act, there's going to be an unintende

Bill C-32 (40th Parliament, 3rd Session) committee  We do need to create a vital market framework, and with it we need the provisions to sing loud. We need clarity and understanding for all Canadians. Currently there needs to be some tweaking of the provisions outlined in Bill C-32 as it's configured, but we need to move forward.

Bill C-32 (40th Parliament, 3rd Session) committee  Sure, I'll do that with pleasure. Thank you very much. Perhaps I might start this comment by picking up on a question that Professor Geist was asked and his comment about the creator's choice. Of course there are different models that are evolving, in large part due to the tec

Bill C-32 (40th Parliament, 3rd Session) committee  Currently we have a good signal in the bill, a policy framework, to signal against that type of conduct, that infringing behaviour. It leaves it very much in the hands of litigation, in a sense, to resolve exactly what is meant by a service designed primarily to enable acts of in

Bill C-32 (40th Parliament, 3rd Session) committee  I welcome that question. I like where we are in the process and that we are here having an open discussion on important issues. I also like the way the government shows in the bill a true struggle to achieve balance. At least the struggling is evident from the different provisi

Bill C-32 (40th Parliament, 3rd Session) committee  Well, it would leave some flexibility in the framework for the government through, essentially, regulation. We have established an entire process to formulate the exact specificity needs of what we mean by education. For instance, one question I have is whether we include cours

Bill C-32 (40th Parliament, 3rd Session) committee  To follow up on that, I would like to see—and this stems from my opening remarks—some clarity as to what we mean by education. It's a very broad term. Yes, we have research, private study, criticism, and review, but those have been subject to the test of case law. We are going to

Bill C-32 (40th Parliament, 3rd Session) committee  I can see the sentiment animating the comment. Perhaps if we go back to a three-step test and the creators' rights, if we look at the fair dealing provision and maybe the UGC provision, then it may contradict international law.

Bill C-32 (40th Parliament, 3rd Session) committee  I think that the fair-dealing provision, as it's currently configured, will have unintended consequences, largely because it will let the issues be put to the courts to clarify exactly what “education” is. If we think from a creator's perspective, do we, for instance, envisage a

Bill C-32 (40th Parliament, 3rd Session) committee  It is a possibility.

Bill C-32 (40th Parliament, 3rd Session) committee  I mentioned in my comments that creators are somewhat in the middle. On the one hand, if we just step back, copyright is meant to protect entitlement interests. If we care about creators and the relationship between the author and owner, that needs clarification. We would have mo

Bill C-32 (40th Parliament, 3rd Session) committee  I want to start by thanking the committee for inviting me as a witness on such an important issue in the history of Canadian copyright, which I care deeply about. I offer my comments as a law professor at Osgoode Hall Law School and as founder and director of IP Osgoode, Osgood