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Archive for the ‘Legal Publishing’ Columns

Fair [And Educationally Sound] Dealing
in Canada’s Proposed Revisions to the Copyright Act

On June 2nd, 2010, the Canadian federal government introduced a new copyright bill intended to “modernize Canadian Copyright law,” as Tony Clement, Minister of Industry put it in the press release. I want to join the healthy welter of blogging around this latest attempt to “modernize” our act. Now before you read any further, let me say that the one to read in these matters is Michael Geist, especially as he is all over the most draconian aspect of this new bill, namely how the digital lock provisions trump all other rights.

For my part, I want . . . [more]

Posted in: Legal Publishing

Evolution of Bilingual Judgments in New Brunswick

Maritime Law Book is proud to have been part of the development of the only provincial bilingual law reporter in Canada. Namely, the New Brunswick Reports (2d).

Here is how that development took place. 

New Brunswick has a population of approx. 750,000. And approx. 35% of New Brunswickers speak French as a first language.

In 1969 New Brunswick enacted its first Official Languages Act, making it Canada’s first and only officially bilingual province.

In 1969 the province’s statutes, regulations, by-laws, etc., were in English only. In the courts, pleadings and trials, both civil and criminal, were in English only; in . . . [more]

Posted in: Legal Publishing

Everything Old Is New Again – Legal Publishing in the Spring of 2010

Publishing trends are not working in favour of the major legal publishers and their recent financial performance confirms this to be the case – revenue is down and staff cuts and outsourcing have replaced publishing as the primary means of maintaining profit margins.

The end of growth

It is a fact that legal and regulatory information is no longer seen as an area of growth and expansion for the multinationals. All three major legal publishers have reported lower publishing revenues while still holding out the prospect of a return to growth in future years. Is it a realistic expectation? Do . . . [more]

Posted in: Legal Publishing

Illustrated Judgments

[An Unhappy Fisherman’s Exhibit. Picture from a Cour du Québec’s judgment illustrating that the roof bought by the plaintiff was too low for comfortable fishing. Source : 2003 CanLII 42894 (QC C.Q.) (juge Raoul P. Barbe) at para. 8.]

Earlier this year, SCC’s judges cited a CTV news video clip in Canada (Prime Minister) v. Khadr, 2010 SCC 3, (at para. 7.). In that case, the government policy — its refusal to request M. Khadr’s repatriation — was established through a reference to a press conference given by the Prime Minister and available in CTV’s archives (see at . . . [more]

Posted in: Legal Publishing

Content, Containers, and Change

This past March, I was fortunate to get some face time with one of the senior directors for Thomson Reuters’ new Print and Advanced Media division to talk about business. Among the many topics to be discussed was that particularly irksome one, the future of print. When we kicked off our conversation, the director acknowledged that she had had some feelings of trepidation when she signed on to help run a division that seemingly—excuse the pun—has a limited shelf life.

I understood where she was coming from, particularly since I’d just seen Thomson Reuters’ 2009 financial report released the . . . [more]

Posted in: Legal Publishing

A Canadian Scholarly Publishing Cooperative

When a legally facilitated monopoly over the distribution of a certain economic good is judged to be operating against the interests of one substantial segment of the party on whose behalf that monopoly is granted, what recourse is there? In the case of deferential Canada, that recourse would take the form of an imaginative, slightly unrealistic, proposal for a cooperative work-around. And in this particular case, it would work like this, at least on a back-of-the-envelope or blog scale.

The segment of the party on whose behalf this monopoly has been granted is the Canadian academic community, and the monopoly . . . [more]

Posted in: Legal Publishing

The Odd Book

A new year, a new decade, and the twenty-first century is fully underway. What has crept up on me this year is a new sense of the digital age’s full weight. There’s been enough of this sort of reflection about, surely. If my case is any different, it is because it is not about the tremulous future of the book. Sure, I am struck by the relatively frequent Kindle sightings I find myself making as I walk back up the aisle on one flight after another. But those Kindles are only leading to more reading of books, to judge . . . [more]

Posted in: Legal Publishing

When Scholarly Publishers Reduce Author Rights in the Face of Open Access Initiatives

It is bound to happen. In trying to move an idea like open access (to research and scholarship) forward, you can reach a point where it seems that such efforts are contributing to the problem, rather than being part of the solution. It would be overstating it to observe that when Moses demanded, “Let my people go,” in ancient Egypt, the Pharaoh’s heart only hardened. Let me just say that at times just before the dawn, there can appear to be little hope of light.

Or so it seemed to me, when the editor at Educational Theory emailed me with . . . [more]

Posted in: Legal Publishing

Copyright Reform in Canada Couldn’t Wait for the Government

The Canadian government has been holding this summer a public “copyright consultation” on proposed legislative changes to the country’s copyright act, with the consultation period, featuring town hall meetings and online submissions and comments, now drawing to a close on September 13, 2009. For the most sensible of approaches to copyright reform, many of us simply turn to Michael Geist, Canada Research Chair of Internet and E-commerce Law at the University of Ottawa. He is currently running, as a public service, a Speak Out on Copyright site. A recent posting cites Industry Minister Tony Clement’s announcement that, following . . . [more]

Posted in: Legal Publishing

Lessons From Iran’s Academic Community

The Washington Times is calling it “Iran’s Twitter Revolution”, as the largest political demonstrations since the 1979 revolution have unfolded in Iran since the highly questionable re-election of Mahmoud Ahmadinejad announced on June 13, 2009. To date, at least 20 people have lost their lives and hundreds of journalists, academics and activists have been arrested. The Iranian government initially closed down the telephone system in an effort to forestall social protest, only to see the streets fill, day after day, through early June, supported by cyberactivism which the government then tried to curtail: “The [Iranian] hackers in particular . . . [more]

Posted in: Legal Publishing

The Risk and Value of Journal Proliferation in the Age of Open Access

“India does not need any more journals, especially localized institution-based ones, if that is what you mean. We already have too many journals, most of them third rate. What we need is to look for ways by which we can convince many of these journals to close down. Instead, we should try to identify the better ones and persuade their editors and publishers to make them Open Access…” 

My challenging correspondent has permitted me, in this case, to share his comments and my response on this matter of journal proliferation. I have chosen to do so as it has become . . . [more]

Posted in: Legal Publishing

A (Publishing) House Divided: Scholarly Publishers in Support and Opposition to Public Access to Research

I wasn’t surprised to learn that the American Association of Publishers had sent a letter [PDF ] to then President-elect Obama in December opposing the National Institutes of Health Public Access Policy, which requires any NIH-funded researchers to deposit a copy of what they have discovered and published in a publicly accessible archive. The AAP publishers association holds that the NIH Policy infringes on their business rights, insofar as it grants the public a right to this publicly funded work, and in support of their objections, Rep. John Conyers, Democrat of Michigan, has reintroduced into Congress the questionably entitled . . . [more]

Posted in: Legal Publishing