The times they are a hopefully changing for the Copyright Board of Canada.ÌýOver a year ago, Justice William Vancise stepped down after serving his maximum as chair.Ìý On June 3rd, the Board issued a press release statingÌýthatÌýIndustry Minister James Moore had finally announcedÌýthe appointment of Justice Robert A. Blair as Chair, effective immediately. Will Justice Blair's appointment revitalize and accelerate the Board's administrative functionality, markingÌýthe beginning of an era of change?
There is reason for optimism, as Justice Blair comes highly regarded with a considerableÌýdeal of applicableÌý. In November of 2003, after serving 12 years as a trial judge on the Superior Court, heÌýwas appointed to the Court of Appeal for Ontario. He has presided over matters involving almost all areas of the law, and hasÌýbeenÌýinvolvedÌýin many copyrightÌýand intellectual property related cases over the years. His involvement in oneÌýsuchÌýcases demonstrates engagement with currentÌý :ÌýÌý(a case concerning whether aÌýnewspaper was entitled toÌýrepublishÌýfreelance articles in digital media or databases without proper remuneration orÌýthe author'sÌýconsent).* He has also judged theÌýÌýcompetition since its inception in 2008, demonstrating hisÌýeagernessÌýto engage in contemporary IP issues.
Beyond his encouraging background and reputation,Ìýthere is reason to see Justice Blair's appointment as potential to address the Board's known weaknesses.ÌýThe Board's for 2014-2015 placedÌýan emphasis onÌýimproving theirÌýcapacity to deliverÌýtimely and fair processes and decisions. It is Ìýthat the Ìýof the Copyright Board is of its operationsÌý, and how that paceÌýis at odds withÌýthe withÌýmodernÌýtechnological innovation. As Co-Chair of of the OntarioÌýÌýandÌýlongtime of Alternative Dispute Resolution, Justice Blair hasÌýa keen understanding of the importance of and methodologies behind rendering timely, effective, and fairÌýjudgments.
IÌýlook forward to seeing howÌýthis incomingÌýera of the Board pans out. Justice Blair voiced his opinion aboutÌýtheÌýsignificance of his roleÌýin the Government of CanadaÌý, saying:Ìý"The Board is a very important federal tribunal whose decisions affect the livelihood of the many Canadians involved in the creation, performance and reproduction of literary, artistic and musical works and sound recordings, and the users of those creative works." IÌýagree and hope it can begin to operate at a rateÌýthat aligns with the ever-evolvingÌýtechnological environment.
*This sentence was amended, as it has been recentlyÌýpointed out byÌý:Ìýthe Ontario Court of Appeal "Justice Blair" who I stated had participated in the 1989 case called R v Miles of Music LtdÌýwas notÌýnew Chair of the Copyright Board,ÌýJustice Robert A. Blair. Rather it was Justice Duncan Gordon Blair, who sat on the Ontario Court of Appeal from 1979-1994.
Jordan Fine is the IPilogue Content/Publication EditorÌýand a JD Candidate at Osgoode Hall Law School.