AI copyright case; CTV News, July 13, 2024

CTV News ; AI copyright case

"The Federal Court of Canada will decide if artificial intelligence can be considered an author under copyright laws. Colton Praill reports."

Tech companies battle content creators over use of copyrighted material to train AI models; The Canadian Press via CBC, June 30, 2024

Anja Karadeglija , The Canadian Press via CBC; Tech companies battle content creators over use of copyrighted material to train AI models

"Canadian creators and publishers want the government to do something about the unauthorized and usually unreported use of their content to train generative artificial intelligence systems.

But AI companies maintain that using the material to train their systems doesn't violate copyright, and say limiting its use would stymie the development of AI in Canada.

The two sides are making their cases in recently published submissions to a consultation on copyright and AI being undertaken by the federal government as it considers how Canada's copyright laws should address the emergence of generative AI systems like OpenAI's ChatGPT."

Canada moves to protect coral reef that scientists say ‘shouldn’t exist’; The Guardian, March 15, 2024

Leyland Cecco, The Guardian; Canada moves to protect coral reef that scientists say ‘shouldn’t exist’

"For generations, members of the Kitasoo Xai’xais and Heiltsuk First Nations, two communities off the Central Coast region of British Columbia, had noticed large groups of rockfish congregating in a fjord system.

In 2021, researchers and the First Nations, in collaboration with the Canadian government, deployed a remote-controlled submersible to probe the depths of the Finlayson Channel, about 300 miles north-west of Vancouver.

On the last of nearly 20 dives, the team made a startling discovery – one that has only recently been made public...

The discovery marks the latest in a string of instances in which Indigenous knowledge has directed researchers to areas of scientific or historic importance. More than a decade ago, Inuk oral historian Louie Kamookak compared Inuit stories with explorers’ logbooks and journals to help locate Sir John Franklin’s lost ships, HMS Erebus and HMS Terror. In 2014, divers located the wreck of the Erebus in a spot Kamookak suggested they search, and using his directions found the Terror two years later."

Federal government considering copyright law changes for AI-generated work; National Post, October 16, 2023

 Anja Karadeglija, National Post; Federal government considering copyright law changes for AI-generated work

"The Liberal government is asking for input on potential changes to copyright law to account for the emergence of generative artificial intelligence systems like ChatGPT.

That includes the question of whether copyright protection should apply to AI-generated work, or whether it should be reserved exclusively for work created by humans, it outlined in a new consultation...

The National Post reported earlier this month that the federal government doesn’t know how Canadian copyright law applies to systems like ChatGPT, and is following multiple lawsuits in the United States."

Thousands of Canadians could be on the hook for allegedly sharing Ryan Reynolds movie; CBC, September 14, 2023

Jacob Barker, CBC; Thousands of Canadians could be on the hook for allegedly sharing Ryan Reynolds movie

""The fear and uncertainty of being sued in Federal Court is what's being monetized here." "

With an unruly China, safeguarding intellectual property is vital to national security; The Globe and Mail, March 6, 2023

DAVID DURAND AND AARON SHULL, The Globe and Mail; With an unruly China, safeguarding intellectual property is vital to national security

"There is an urgent need for a new Canadian national security policy that considers new and emerging threats.

Such a policy should begin with a strong economic foundation that privileges the domestic development of intangible assets, IP, and the use and commercialization of data, as well as the strategic injection of Canadian technology into international markets. That, in turn, requires a better understanding of the relationship between IP and national security."

PUBLIC DOMAIN: A BELATED STEP FORWARD, TWO HUGE STEPS BACK; Walled Culture, January 16, 2023

GLYN MOODY, Walled Culture; Public domain: a belated step forward, two huge steps back

"Nor is Canada alone in its folly. Another post on this blog last year noted that New Zealand too has decided to extend its copyright term despite the moral and economic arguments against it. Once more, the reason was a trade deal – with the UK – one of whose requirements was this unnecessary strengthening of copyright. What this means in practice is that for the next 20 years, neither Canada nor New Zealand will see any published works enter the public domain on the first of January. This creates a massive historical void in those countries’ culture, for no good reason.

Although we can celebrate the wonderful works that have finally entered the public domain in places like America after being locked up behind copyright’s walls for so long, we should be outraged that two countries have just taken a massive step backwards in this respect.

Featured image created with Stable Diffusion."

Canada enters a public domain pause as copyright laws change to match other nations; CBC, January 7, 2023

Joseph Pugh , CBC; Canada enters a public domain pause as copyright laws change to match other nations

No additional content will be added to the public domain in Canada until 2043

"When the copyright on a work expires anyone is free to use it without needing to seek permission. This is known as public domain. In Canada, copyright laws meant that books, films, songs or other works entered public domain 50 years after the death of the creator.

But last week, the country updated those laws, tacking on an extra 20 years, so works don't enter the public domain until 70 years after the creator's death. This means additional content will not enter the public domain in Canada until at least 2043. So the copyright on the works of fantasy author J.R.R. Tolkien, who died in 1973, will now expire in 2043, meaning the Lord of the Rings trilogy and many of his other works will become public domain on Jan. 1, 2044. 

The change brings Canada in line with other jurisdictions that lengthened their copyright terms decades ago. Some artists and creative unions welcome the change, while others feel the duration hampers public access to artistic works."

Canadian copyright protection term extended to 70 years; Lexology, January 3, 2023

Gowling WLG - Stéphane Caron and Kasia Donovan, Lexology; Canadian copyright protection term extended to 70 years

"Last year, Bill C-19, the Budget Implementation Act, 2022, No.1, received Royal Assent. The bill included amendments to the Copyright Act to extend the term of copyright protection for literary, dramatic, musical, and artistic works from 50 years to 70 years, after the end of the calendar year of the author's death. These amendments came into force on Dec. 30, 2022...

The decision to extend the term of copyright protection fulfills one of Canada's commitments under the Canada-United States-Mexico Agreement (CUSMA)...

By extending the term of copyright protection from 50 to 70 years, Canada will be in line with many of its major trading partners, including: the United States, United Kingdom, Japan and the European Union."

Canada Steals Cultural Works From The Public By Extending Copyright Terms; TechDirt, November 29, 2022

Mike Masnick, TechDirt ; Canada Steals Cultural Works From The Public By Extending Copyright Terms

"Canada has quietly done it: extending copyrights on literary, dramatic or musical works and engravings from life of the author plus 50 years year to life of the author plus 70 years.

Quietly on November 17, 2022, and appearing online this morning, an Order in Council was issued on behalf of Her Excellency the Governor General, on the recommendation of the Minister of Industry and the Minister of Canadian Heritage to fix December 30, 2022 as the day Bill C-19, Division 16 of Part 5 comes into force. What does this all mean? With the passing of Bill C-19 this past June, the Copyright Act was amended to extend the term of copyright for literary, dramatic or musical works and engravings to life of the author plus a period of 70 years following the end of the calendar year in which that author dies. What was unclear at the time of royal assent was WHEN exactly this would come into force — if on or after January 1, 2023, one more year of works would enter the public domain. Unfortunately, we now know that this date has been fixed as December 30, 2022, meaning that no new works will enter the Canadian public domain for the next 20 years.

This should be a huge scandal. The public has been stripped of its rights to share information for twenty years. Based on what? Literally nothing, but demands from heirs of deceased authors to continue to receive subsidies from the very public they just stripped the rights from.

It is beyond ridiculous that any country in the world is extending copyright in this day and age, rather than decreasing it."

Russia Is Trying to Steal Virus Vaccine Data, Western Nations Say; The New York Times, July 16, 2020

Julian E. Barnes, The New York Times; Russia Is Trying to Steal Virus Vaccine Data, Western Nations Say

"Chinese government hackers have long focused on stealing intellectual property and technology. Russia has aimed much of its recent cyberespionage, like election interference, at weakening geopolitical rivals and strengthening its hand.

“China is more well known for theft through hacking than Russia, which is of course better now for using hacks for disruption and chaos,” said Laura Rosenberger, a former Obama administration official who now leads the Alliance for Securing Democracy. “But there’s no question that whoever gets to a vaccine first thinks they will have geopolitical advantage, and that’s something I’d expect Russia to want.”"

US-Mexico-Canada Trade Deal Carries Copyright Implications Across Borders; Billboard, December 10, 2019

Claudia Rosenbaum, Billboard; US-Mexico-Canada Trade Deal Carries Copyright Implications Across Borders

"Canada and Mexico are one step closer to aligning their copyright laws with the U.S. on Tuesday (Dec. 10) after Speaker of the House Nancy Pelosi and President Donald Trump reached an agreement to ratify the trilateral trade deal that will extend copyright term in Canada by 20 years and contains provisions on "Safe Harbor" copyright liability exemptions. The treaty will now have to be ratified by the legislatures of both Canada and Mexico."

USMCA, the new trade deal between the US, Canada, and Mexico, explained; Vox, November 30, 2018

Jen Kirby, Vox; USMCA, the new trade deal between the US, Canada, and Mexico, explained

"Intellectual property protections and digital trade provisions

This is seen as a win for the United States. The new agreement extends the terms of copyright from 50 years beyond the life of the author to 70 years beyond the life of the author. It also offers increased protections for a certain type of drug from eight years to 10 years — which basically extends the period that a drug can be protected from generic competition.

There’s also the fact that NAFTA was negotiated more than two decades ago, so it didn’t really deal with the internet. The USMCA aims to fix that by adding new provisions for the digital economy. These provisions include things like no duties on products purchased electronically, such as music or e-books, and protections for internet companies so they’re not liable for content their users produce.

Some experts told me these digital trade provisions fall short of what’s needed for a modernized NAFTA, but it’s a start."

How your employees can – and must – protect intellectual property; The Globe and Mail, July 18, 2018

Jeff McDowell, The Globe and Mail; How your employees can – and must – protect intellectual property

"Unfortunately, protecting IP is an area where Canada lags globally. Only 10 per cent of small and medium-sized businesses in Canada have IP, and only 9 per cent have IP strategies.

The Canadian government is helping reverse this trend with its new national IP strategy, which supports local innovators through increased resources and legislation. But it’s Canadian companies ourselves who need to see the value in protecting IP − to keep our employees motivated and validate their innovations, to protect our businesses’ hard-won knowledge and to keep strong companies growing and thriving in the Canadian economy."

Canada’s intellectual property strategy must play to the country’s strengths; The Globe and Mail, August 4, 2017

Dan Breznitz and Mark Fox, The Globe and Mail; Canada’s intellectual property strategy must play to the country’s strengths

"In the last 40 years, Canada has been acting as the open-source laboratory of the world – we funded and conducted the research, that is the prior art – and foreigners gladly patented it, gaining the property rights and profits. Nowhere is this disturbing phenomena clearer then in Artificial Intelligence. It is high time that Canada defend the openness of our open science and, at the same time, achieve all three of our national IP strategy goals: 1) generate and own more, and higher quality, patents; 2) defend and expand the freedom to operate for current and future Canadian entrepreneurs and companies; 3) educate Canadians to become the world's savviest users and producers of IPR."

OUT FOR A SIP - FRIGGIN' BUDDY v COKE - OFFICIAL VIDEO; YouTube, July 11, 2017

Brendan (B.Rich) Richmond, YouTube; OUT FOR A SIP - FRIGGIN' BUDDY v COKE - OFFICIAL VIDEO 

[Kip Currier: A former student in my Copyright course at Pitt a few years ago alerted me to this Man versus Coke trademark dust-up, which BuzzFeedNews reports here.

Click here to see Friggin' Buddy's "Out For A Sip" rap "Cease-and-Desist-video-letter" to Coca-Cola Inc. FB's attorney Rob Kittredge gets in on the (civil) action too, busting out some best supporting barrister moves.]

The problem with patents; Winnipeg Free Pres, June 10, 2017

Martin Cash, Winnipeg Free Press; The problem with patents

"The discovery that another manufacturer was using the "idle mode" feature was worrisome, but Tessier figured it would be dealt with because he had a patent with the understanding that he had a 20-year monopoly on that particular technology.

He found out fairly quickly was on his own and all the "monopoly" really meant was that he had the right to spend around $1 million in legal fees to compel others to acknowledge his market rights.

"Over the last year or so, I’ve learned an awful lot about patent protection," Tessier said. "Now I have to ask, why bother with a patent in the first place?"

His concerns are not just the fevered thoughts of a harried entrepreneur whose hard-won market share is being encroached on unfairly by a competitor with much greater resources and market heft.

It is, in fact, a long-standing gap in the dynamics of patent protection regulations that’s been well-known to patent professionals for some time.

Adrian Battison, a veteran patent agent with Ade & Company of Winnipeg, said, "It is a problem I have been worrying about for a long time. There is no question the enforcement of patents is a significant problem. You can obtain a Canadian patent for between $5,000 and $10,000 but to litigate it can cost $500,000 to $1 million. The average person with no access to sums of money simply can’t manage that kind of situation.""

Copyright in Seismic Data is Confirmed; JDSupra, June 7, 2017

JDSupra; Copyright in Seismic Data is Confirmed

"In a decision last year, GSI (Geophysical Service Incorporated) sued to win control over seismic data that it claimed to own. GSI used copyright principles to argue that by creating databases of seismic data, it was the proper owner of the copyright in such data. GSI argued that Encana, by copying and using that data without the consent of GSI, was engaged in copyright infringement. That was the core of GSI’s argument in multi-party litigation, which GSI brought against Encana and about two dozen other industry players, including commercial copying companies and data resellers.  The data, originally gathered and “authored” by GSI, was required to be disclosed to regulators under the regime which governs Canadian offshore petroleum resources. Seismic data is licensed to users under strict conditions, and for a fee. Copying the seismic data, by any method or in any form, is not permitted under these license agreements. However, it is customary for many in the industry to acquire copies of the data from the regulator, after the privilege period expired, and many took advantage of this method of accessing such data."

Canada needs an innovative intellectual property strategy; Globe and Mail, May 19, 2017

James Hinton and Peter Cowan, Globe and Mail; 

Canada needs an innovative intellectual property strategy

"The recent federal budget signalled a dramatic shift in Canada’s approach to innovation. By announcing a national intellectual property (IP) strategy, the government finally addressed the calls of innovation experts who understand the critical role of IP in a 21st-century economy...

Canadian innovators have only a basic understanding about IP

Canadian entrepreneurs understand IP strategy as a defensive mechanism to protect their products. In reality, IP is the most critical tool for revenue growth and global expansion in a 21st-century economy. Cross-discipline awareness and education is needed so that our innovators know how to generate IP through technology standards, regulatory design, ecosystem-licensing strategies, litigation, trade agreements and so on. Companies should also have access to pro bono and low-cost services at all publicly funded institutions."

2 Illegal Movie-Sharing Websites Are Closed; New York Times, 11/3/15

Michael Cieply, New York Times; 2 Illegal Movie-Sharing Websites Are Closed:

"Two websites that film companies said had jointly become a clearinghouse for illegal movie viewing were closed last month by orders from courts in Canada and New Zealand, the Motion Picture Association of America said on Tuesday.

The Popcorntime.io site, commonly referred to as Popcorn Time, was closed under an Oct. 16 order from the Federal Court in Ottawa. YTS.to, a BitTorrent site whose films were often reached through Popcorn Time, was closed under an interim injunction in a separate suit filed on Oct. 12 in the High Court of New Zealand, the M.P.A.A. said."