Author: hughstephensblog

I particularly wanted to put up this post this week because I think it fits perfectly with the theme of WIPO’s World Intellectual Property Day theme, “Powering Change: Women in Innovation and Creativity”. It is a story of a remarkable woman and one of Canada’s copyright pioneers, someone who has remained in the shadows for too long. Continue reading “Geraldine Moodie and her Pioneering Photographs: A Piece of Canada’s Copyright History”

When Vietnam-based popular pirate movie streaming site 123Movies, aka GoMovies, suddenly announced last month that they were shutting down—and advised its users to start paying for content– there was both relief and some head-scratching on the part of the content industry. The piracy site has long been a thorn in the side of content owners. It was cited by the International Intellectual Property Alliance (IIPA) in its 2018 submission to the US Government as part of the US Trade Representative’s (USTR) annual Special 301 country review process and featured in USTR’s most recent Notorious (Pirate) Markets report. Recently it was described by a senior executive of the Motion Picture Association of America (MPAA) as “the most popular illegal site in the world”, with 98 million visitors a month. Now it’s gone, and good riddance to it. Continue reading “Vietnam and 123Movies: Whatever the Reasons for the Shut-down, It’s a Major Step Forward”

Comments are finally closed. The submissions are in. It’s all over but the decision (and possibly public hearings enroute to a decision, along with FairPlay’s response). We will have to wait and see whether the CRTC (Canadian Radio-Television and Telecommunications Commission) steps up to the plate and discharges its responsibilities, or ducks the issue and strikes out. Continue reading “Blocking Offshore Content-Theft Sites in Canada: It’s now up to the CRTC”

Gary Charbonneau has won! You may remember Charbonneau as the independent film maker who made a crusading documentary criticising the Vancouver Aquarium for keeping cetaceans (whales, dolphins and porpoises) in captivity and on display. He used, without permission, some of the Aquarium’s footage in his film, lifting it from the Aquarium website (in violation of its terms of service) as well as using some footage he shot within the facility itself. The Aquarium sued, claiming copyright violation, seeking to have the film blocked. I first wrote about the case almost two years ago. (here). In a recent development, the Aquarium has announced that it has thrown in the towel, bowing to public opinion, and will no longer keep whales and dolphins in captivity. Continue reading “The “Whale of Tale” is Finally Over: Cetaceans and Copyright Controversies”

Canada’s Minister of Heritage Melanie Joly is but the latest political leader to awaken to the new realities of the Internet age. Those Internet giants, the “platforms” or “Internet intermediaries” that provide the interface between consumers and those who create and produce the content that users seek, have been getting a free ride in terms of contributing to content creation while scooping up the lion’s share of the advertising dollars. The content creators, those who provide the honeypot that the consumer bees flock to, get the crumbs from the table (to mix a metaphor). According to Mme. Joly, it is high time the platforms started to accept some responsibility for the role they play in packaging, selecting and disseminating content, whether entertainment or news.

For the sixth year in a row, the US Chamber of Commerce’s Global Innovation Policy Center, or GIPC (relabelled from its previous title of Global Intellectual Property Center) has published its annual International IP index measuring how countries around the world stack up when it comes to innovation and intellectual property (IP). This year the report covers more countries (50, up from 45) and is more comprehensive than ever. The Index benchmarks 40 indicators across the full range of IP issues, encompassing patent, copyright, trademark, trade secrets, commercialization of IP assets, enforcement, systemic efficiency and membership in and ratification of international treaties. As I commented last year, the Index makes a significant contribution to the measurement of standards and performance across a range of intellectual property indicators. Continue reading “The 2018 GIPC Index: Ranking 50 Countries by their IP (and Copyright) Standards”

Much ink has been spilled of late regarding the new FairPlay Canada Coalition’s proposal to establish a process to have the Canadian Radio-television and Telecommunications Commission (CRTC) require internet service providers (ISPs) in Canada to disable access to designated offshore websites that host stolen content. According to the proposal, these websites have to be “blatantly, overwhelmingly or structurally engaged in piracy”. In other words, they are not your average site hosting some infringing material, but websites dedicated whole hog to promoting stolen content. An independent agency would make recommendations to the CRTC as to which websites fit the category of blatant infringers. Continue reading “The Effectiveness of Site Blocking: It is a Matter of Common Sense”

Copyright law is constantly under review–and that is a good thing–although the constant attack on the fundamental basis of copyright is, frankly, getting tiresome and dangerous. Last year Australia’s Productivity Commission undertook a major study of IP Down Under. Most of its “slash and burn” recommendations with regard to so-called “copyright reform” were wisely shelved by the Australian Government. Canada is currently just embarking on a mandated five-year review of its copyright law, with anti-copyright elements already gearing up for another attack on a regime which has already widened fair dealing exceptions beyond the level of sustainability for the publishing industry. Now New Zealand is preparing to embark on its own review and in preparation, InternetNZ, which styles itself as “a not for profit membership organisation…(that works)… to support the benefits of the Internet for New Zealand in a range of ways…”, has launched a glossy discussion paper titled “Getting Copyright Right in the Information Age”. As the title suggests, InternetNZ starts from the premise that the current copyright regime is not “right” for the Information Age, but rather “wrong”. This underscores the fundamental problem with the document. Continue reading “InternetNZ’s Copyright Proposals: Neither Balanced nor Fair”

I make no bones about it. I am an unabashed supporter of a strong copyright regime to protect the work of creators and to ensure fairness to those who work in the creative economy ecosystem. Robust copyright protection is really a matter of fairness, allowing individual creators—songwriters, indie film makers, photographers, authors, artists, game designers, et j’en passe—to protect their work, to monetize it if they wish to, and to earn a living. Playing fair is also about allowing the industries that invest in content to be able to earn the kind of return on investment they need in order to raise capital, support production, hire writers, marketers, technicians, lawyers, butchers, bakers and candlestick makers, and bring the results to market. Continue reading “Why this Copyright Blogger likes Fair Use and Fair Dealing”

It’s better to stay together—even if not really happy–than to split up

Like two partners locked into a less than ideal marriage, but trying to make it work, Hollywood and China have their ups and downs, but yet stick together out of mutual need. It’s a juggling act, balancing box office revenue share, market access, cultural and political sensitivities, control of piracy and artistic integrity. Continue reading “Hollywood and China: A Tempestuous Love Affair”