Episode 206: James Plotkin and David Fewer on Canada’s Landmark Copyright Ruling on Fair Dealing and Digital Locks

Episode 206: James Plotkin and David Fewer on Canada’s Landmark Copyright Ruling on Fair Dealing and Digital Locks

Author: Michael Geist June 17, 2024 Duration: 32:05
The question of copyright and digital locks – technically referred to as anti-circumvention legislation – dates back more than 25 years with creation of the World Intellectual Property Organization’s Internet Treaties and later in Canada with the enactment of the Copyright Modernization Act. The full scope and application of those digital lock rules has been the subject of considerable debate, particularly over how fair dealing fits into the equation. The Federal Court of Canada recently issued a landmark decision on the issue which concludes that digital locks should not trump fair dealing. CIPPIC, the University of Ottawa’s public interest technology law clinic, raised the key arguments on the issue in an intervention in the case led by James Plotkin, a partner with the law firm Gowlings, and David Fewer, CIPPIC’s Director and General Counsel. They join the Law Bytes podcast to talk about the ruling and to clear up some of the misinformation that has been circulating since its release.

Navigating the complex and ever-shifting landscape where technology meets the law requires a guide who understands both the code and the courtroom. Law Bytes, hosted by Michael Geist, offers exactly that. This podcast digs into the real-world implications of digital policy, moving beyond abstract theory to examine how laws and regulations are actively shaping our online lives. Each episode is built around conversations with the people on the front lines: scholars dissecting legal challenges, policymakers drafting the rules, and practitioners facing these issues daily. While the focus is firmly on providing a crucial Canadian perspective, the discussions rightly recognize the borderless nature of the internet, frequently exploring international developments and Canada's place within the global digital ecosystem. You'll hear nuanced analysis on topics like privacy, copyright, platform governance, and telecommunications, all framed within the broader context of societal impact and fundamental rights. The result is a thoughtful and accessible exploration of the forces governing our digital world, making sense of the headlines and anticipating what might come next. For anyone curious about the power structures behind their screens, this podcast serves as an essential and engaging resource.
Author: Language: en-us Episodes: 100

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