Aaron Dishy is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program.

In completion of Osgoode Hall’s Intellectual Property & Technology Law Intensive Program (), this semester I participated in a ten week placement with the of Patrimoine canadien - Canadian Heritage (). This short reflection will emphasize the value of this experiential opportunity and help anyone interested in an IP Intensive placement with PCH to get a sense of what to expect.

PCH: the whip-smart analysts supporting Canada's copyright framework

PCH is a federal department that supports cultural production in Canada. It has a diverse portfolio that considers subjects like arts markets in Canada, author and publisher rights, GLAM institutions, and the preservation of our official languages.

The Copyright Policy Branch is made up of legal and policy analysts responsible for ensuring that our copyright framework supports creativity, innovation, and access. To fulfill this mandate, the branch conducts dynamic research and consultation. They collaborate with government departments, artists, authors, equity-deserving groups as well as the public.

Beyond a new appreciation for acronyms, a placement with any PCH team is sure to provide you with a chance to view processes in action. This may be of great interest to those of you looking to practice law at the intersections of art, authorship, and technology.   

The IP Intensive: a critical resource for young IP professionals in Canada

The IP Intensive is different from other courses. It is a bilateral effort that involves our law school and government stakeholders interested in safeguarding IP innovation in Canada. The idea is simple. Law students are provided with educational opportunities in sectors that engage IP. Those students then increase access to IP legal expertise and amplify public awareness of IP issues.

In this way, the IP Intensive is a rare opportunity. Students are entrusted with the valuable knowledge and networks required to succeed, but also provided with an opportunity to apply those developing legal skills. It is a meaningful academic capstone for any student pursuing IP law in Canada.

Key Recommendation: Bring Your Whole Self to the Job

The key recommendation I have for a student entering a legal internship at PCH is that you bring your whole self to the position. Departments like PCH make space for individual perspectives and research interests. If those interests include the realities of a specific arts market or equity-deserving group, do not hesitate to share your valuable insights.

In my case, I found PCH very accommodating, in allowing me to incorporate my past professional experience as an archivist within some of the legal research I pursued.

It led me to develop (what I believe is) a specialized legal response to the question at hand.

Conclusion

Osgoode Hall’s IP Intensive is an invaluable summative experience for law students interested in IP in Canada. Its focus on experiential learning is complimented by enriching placements at departments like PCH.

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During law school, there are a wide variety of opportunities to gain meaningful experience in many environments of the legal field. It is important to complement whatever you learn in a classroom with hands-on experience, and I am proud to report that the IP Intensive program gave me an opportunity to do so with a placement at Canadian Heritage.

I barely knew anything about Canadian Heritage before my placement, but I ended up learning a lot about the organization quickly. The Department of Canadian Heritage is an organization under the federal government that runs a variety of branches and teams, with the overall objective of promoting Canadian values and cultural development.

My placement was on the International Copyright Team, under the International Trade Branch in the Cultural Affairs sector. The team manages a variety of different files, including protecting and promoting Indigenous Arts and Cultural Expressions, working with various international IP committees, consultations on IP and cultural policies, various research projects related to cultural industries, and more.

Most of the work was done virtually, but it was still a fulfilling experience. I had plenty of opportunities to work closely with my colleagues at the department and received lots of support as I went through various research and writing tasks related to different policies. I came in with almost no knowledge, but I found myself learning a variety of interesting things every week. Even though I was at home, I felt like a valued part of the team.

My initial goals were to find as many interesting experiences and learning opportunities as possible, and I was pleased with the results. As an internship student, I got the chance to listen to informative presentations, participate in meetings, and opportunities to research and write about a variety of topics. From the beginning, I was able to spend time learning about cutting edge NFT technologies, and as I progressed through my term, I got to write in-depth on policies like Artist Resale Rights, Protecting and Promoting Indigenous Arts and Cultural Expressions, and more.

I was able to get in on the ground floor on policy development during my time at Canadian Heritage. When looking at new policies like Artist Resale Rights in Canada, one must think about a variety of considerations. My internship gave me the ability to deep dive into a variety of topics related to the policy, not just the legal considerations. I looked at the realities and impacts such a policy might have on Indigenous communities, methods of consultation, and how it might assist Canada on the international stage. If you want to become something of an expert on the considerations of developing policy, this internship is for you.

Not only did this placement give me a taste of the pace of a government work setting, it also gave me a newfound appreciation for how policies are drafted. As a law student, we frequently see the results of laws and policies, but we do not get to see the preliminary planning stages behind them. There’s an immense amount of work that goes into planning, consulting, strategizing, and bringing a policy to a usable format. As a student at Canadian Heritage, you will have a front row seat to the initial stages of the process.

I enjoyed my time with the International Copyright Team at Canadian Heritage and wish that the intensive term could be longer. Wherever I end up after law school, I know that the insights I learned here on policy development helped me to be a better researcher, and a better writer. It enriched my law school experience in a way that a classroom just can’t match.

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After discovering an interest in copyright law during my 2L year, I was fortunate enough to experience how policy makers practically apply the case law to everyday situations that impact stakeholder’s livelihoods and the broader Canadian cultural sector. I learned that, while Copyright policy makers have a difficult job balancing the interest of stakeholders,  stakeholder interests often overlap despite the breadth and specificity of the Copyright Act.

Canadian Copyright Law and Policy has a Robust Scope

While we may think of copyright in its most basic terms textbooks to songs on the radio, it is important to remember that the Copyright Act also presents a legislative framework for a complex management system. As our society becomes more dependent on technology and the global marketplace is more focused on Artificial Intelligence (AI), gaps in the Act become more apparent. All parties agree that Canada requires technologically neutral legislation to proactively address these challenges. Our industries, from scientific research institutions, to tech-start-ups to creative artists, must have access to and understand an Act that is not only compliant with our international trading obligations, but also competitive on an international scale.

Re- Thinking Copyright Stakeholders in 2020

In law school, some classes encourage students to think of copyright using the balance: a balance between promoting the public interest in the encouragement and dissemination of works of the arts and intellect and obtaining a just reward for the creator. Or, more accurately, to prevent someone other than the creator from appropriating whatever benefits may be generated (at para 30). Justice Binnie held that the proper balance amongst these and other public policy objectives lies not only in recognizing the creator’s rights but in giving due weight to their limited nature. In other words, it would be insufficient to overcompensate artists and authors for the right of reproduction as it would be self-defeating to undercompensate them (at para 21). Using this balance as a justification, different lobbying interests have emerged. A dichotomy of users versus authors has emerged.

Canadian Heritage allowed me to explore new perspectives. I gained an appreciation for the work of Canadian authors and content creators and how some artists have experienced a decline in the digital era. These case studies emphasized why this dichotomy is false because creators or authors are users. For example, Content generators develop original works using inspiration from previously published works. Independent journalists may be dependent on networks such as Facebook to research their pieces, and then subsequently publish and share their finished articles on the platform to secure future works. However, these dissemination practices may offend their publishers' (or owner’s) copyrights in the work, further diminishing their incomes in this digital age. Copyright policy, therefore, must re-balance between the tech giants, the “Super users” who have a monopoly on their platform users’ data and the corporate copyright owners, and the researcher, AI developer or Canadian public who require reliable news and a civil space to discuss ideas. These groups are particularly critical during the age of a pandemic. These users, in turn, become authors and creators who create dynamic content and innovation as a part of a globalized marketplace.

Written by Natalie Chodoriwsky, JD Candidate 2021, enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

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During my placement I worked exclusively for the Broadcasting, Copyright and Creative Marketplace Branch (BCCM Branch) of PCH. The BCCM Branch is responsible for supporting marketplace conditions for Canada’s cultural sector. The Branch is split up into a number of different teams, each with their own responsibilities. As an intern I worked within the Marketplace and Legislative Policy (MLP) team. The MLP team advises on the cultural sector’s legislative responsibilities for broadcasting and copyright. This includes providing advice on how these frameworks can be adapted to better serve creators, creative industries, and Canadians in general. The MLP team also houses the Lab on Data, Skills and Technology (the Lab). The Lab is responsible for furthering the Department’s thinking on the impact that emerging technologies like AI and blockchain have – and will continue to have – on creatives and the creative sector.

During my first week as an intern at PCH the writ dropped. My placement spanned the entirety of the Federal election and came to an end just before the new cabinet was sworn in. As I soon learned, Federal government departments have very specific guidelines to follow during an election period. Although departments are not prohibited from making decisions or announcements, they are required to exercise restraint and fulfill their responsibilities in a non-partisan manner.

A lot of the work that was going on at PCH while I was there involved updating briefing materials and other tasks related to preparing for the new government to form. My primary work product during my placement was a research project. In my final week as an intern I had the opportunity to present my research in front of my colleagues at PCH, and colleagues from the Canadian Intellectual Property Office (CIPO) and Innovation, Science and Economic Development Canada (ISED). In addition to working on my research project, I provided research support to my colleagues and had the opportunity to sit in on a number of different meetings and attend various presentations.

Many of the presentations and meetings I attended centred around innovation and the impact that digital technologies are having on the Canadian copyright system. One example that sticks out in my mind is the panel I attended on Artificial Intelligence (AI). What really hit home for me in that presentation is how rapidly technologies like AI can change the entire landscape of copyright in Canada. Policy makers have to anticipate how new technology like AI might impact society moving forward in order to respond in as timely a manner as possible. Accumulating and analyzing good data is critical to these efforts. Without good data, crafting balanced and effective policy is an extremely difficult task.

Overall, I greatly enjoyed my experience working as an intern at PCH. In general, my placement allowed me to gain a sense of what it’s like to work as a policy analyst for the Federal government. My colleagues truly made me feel like I was a valuable member of their team and never hesitated to provide me with constructive feedback on my work. There’s an open-door policy at PCH which made me feel comfortable going to my colleagues for advice and guidance. Having spent 10 weeks interning there it comes as no surprise to me why it was voted as one of Canada’s top 100 employers. From top to bottom PCH is filled with people that genuinely care about the well-being of their fellow colleagues.

I strongly encourage any student at Osgoode who is interested in intellectual property and technology law to apply to the IP Intensive. It is easily one of the most memorable and rewarding experiences I have had as a law student.

Written by Lucas Colantoni, Osgoode JD Candidate, enrolled in Professors D’Agostino and Vaver 2019/2020 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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The NAFTA renegotiation meant that many of my co-workers were working day and night on the copyright-related details in the new USMCA proposals. Copyright has always been a sticking place in Canada – US trade relations, as our copyright law generally recognizes copyright in more works than the US does, and the US strongly pushed for Canada to align our IP policies with theirs. While other issues I was asked to research came to me weeks ahead of when they needed to be delivered, USMCA-related issues were often last-minute requests to search government memorandums for mentions of various copyright issues. This frenetic pace of work was driven by the tense USMCA negotiations that were driven by very tight deadlines, requiring very quick turnover on research briefings.

The ongoing review of the Copyright Act was a more stable and ongoing file which was driven by the discussions at the two parliamentary committees tasked with reviewing the Act: and . Policy analysts at Heritage regularly attend the meetings of both committees to hear what stakeholder groups have to say to the committee and how the politicians on the committee respond to these submissions. This fall, a wide group of organizations and individuals appeared to voice their concerns for copyright reform, including , who asked for termination rights for music licences. These discussions are crucial for analysts at Heritage to get a sense of what issues need to be researched.

A key function of the Creative Marketplace team is to give the Heritage Minister a clear and objective picture of the arts industry in Canada, and the other issues raised by stakeholders and concerned citizens. This can be very difficult because data on the arts industry often comes from advocacy groups who are biased towards their own interests. As a result, the testimony on copyright reform at these committees is often contradictory, with groups representing creators presenting data that sometimes directly contradicts the data of groups representing publishers and consumers. My job at Heritage was often to search for neutral data on issues and present it in a brief that would give law and policy makers a clear and neutral vision of the stakeholder landscape.

I also had the opportunity to sit in on meetings with various teams within the Heritage Department. I had the opportunity to present research work I was undertaking to large groups of 20 – 30 people, sometimes civil servants from other departments whose research overlapped with ours. This helped add to the dynamic experience of working in government, analysts gave me feedback and advice on other areas to research, helping to develop the quality of my work and greatly propel my understanding of how policy research works.

While my experience was exciting and dynamic, the relocation expense involved in moving to Ottawa gave me some hesitance. I had to find a place to live near my work while holding onto my home in Toronto, and it meant time apart from my family. That being said, anyone interested in intellectual property law should gain exposure to how the Federal government develops IP policy and a placement in Ottawa is a perfect way to get a foot into the door of government. Having completed my placement I feel that I have cemented a number of key relationships with people who I am sure will be colleagues to me for the rest of my career. The benefits from an IP Intensive placement in Ottawa greatly outweigh the costs of relocation, and I would recommend it to any student interested in IP law.

Written by Roger Angus.  Roger is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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First, understanding the subject matter. My research topic was about a specific process that overlaps with artificial intelligence and which may lead to potential copyright infringement. My objective was to understand what the issues were and determine if there needed to be an exception in the Copyright Act for it - because you can’t recommend a law or an exception for something you do not understand. To assist in this objective, I was put in touch with people who could teach me more about AI, the surrounding issues around it, and areas I should look into. I was also encouraged to reach out to my own network and even sat through several online class sessions on AI until I understood the process itself and potential areas for copyright infringement.

Then, applying copyright law. You have to understand the statute and the relevant case law if your application of the law is going to have any true value. You may have taken Copyright in your law classes, but no exam will give you the understanding that applying the rules to a specific topic will provide. You engage with the rules on a new level, trying to fit them against your understanding of the law and the subject matter.

Finally, considering policy. Most law students dread the policy question on the exam; the “suggested” twenty minutes are reduced to ten minutes of smashing keys and stringing nonsensical sentences together. What is the point of it? we ask. It is the whole point of it. Laws are based in policy. You don’t fully understand the depth and breadth of this until you are weighing your own policy considerations and trying to determine how to work the arithmetic. Sometimes, there are no optimal results: Vague laws are not there to torment law students, but because a vague law left to the interpretation of the courts is sometimes superior to no law at all.

A few things I learned in the process: think about your stakeholders. Not just the obvious ones, but all the ones who may be affected, and think about them in specifics. Replace the vague “creator” with things like: “Jessie, 23 years old writer based in Toronto. She worries about how services like Scribd may damage her prospects in being discovered by readers. She also wonders how she would be able to compete in the global market.” It’s a hypothetical but it makes for richer discourse than vague generalities. Also, there is a difference between balance in statutory interpretation and balance when creating laws. If you have taken Copyright, you have no doubt studied �ճ�è��������� and the “balance” that it formally injected into our copyright regime; as in, the balance between the public interest and owner rights. It is an important consideration in policy-making, but it’s not the only consideration. You learn to be cognizant of that too, during your research project.

My research was my main project throughout the term, but the branch ensured I remained involved in other areas as well. We had weekly meetings where we discussed important projects coming up and interesting copyright-related news and developments. I had the opportunity to attend a Copyright Board hearing and a branch retreat that delved into both immediate and long-term issues and considerations. I was engaged in long debates and discussions about different copyright matters, some fueled by calls from the public and some the natural result of a group of people passionate about the same topic.

Overall, the experience has changed how I view my long-term career goals. Not only have I found a new respect for policy, I also plan to develop further expertise in artificial intelligence. I repeat my earlier statement with a small amendment: if you’re interested in copyright or policy at all, there is no better place for you.

Tina Mirzaei is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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As a student researcher, my focus was on my individual research project. The basic subject area was assigned within my first day at Heritage. It expanded to include a comparative law analysis, so among my other research tasks, I read 34 different copyright laws and 20 international treaties. I even got to dig through old archived files at the Library and Archives Canada. In my last week, I presented my results to colleagues at Copyright Policy along with guests from other Branches.

Alongside my research project, I had the chance to participate in some of the regular activities of the Branch. I helped answer calls from the public about copyright policy and conducted media monitoring to ensure we were on top of breaking news about copyright both in Canada and internationally. I participated in department planning and brainstorming activities. I went to at the University of Ottawa. I attended education sessions presented by members of our Department and outside stakeholders. I spent a couple of days at the Senate for the Committee hearings on the Copyright Board. I even went to the Diefenbunker. (That was not a work assignment, but anyone who visits Ottawa needs to see the !)

Working with Canadian Heritage also presented an interesting opportunity to learn about how government actually goes about its business. Corporate memory is preserved carefully, with a constant eye toward good Information Management practices. There is a vast assortment of tools and templates used to create consistency in how we communicate within the Branch, with our colleagues within the Department of Canadian Heritage and at other departments, and outside of government. The weight of a pronouncement from a government department on a given issue means the stakes are high in every external communication and a lot of work goes into ensuring that the things we say publicly are correct. There is also an emphasis on making information accessible to a broad audience, whether that means publishing research studies on the internet or ensuring that our briefing documents are truly comprehensible to non-lawyers.

Since we are between the 2012 Copyright Modernization Act and the 2017 mandatory 5-year Parliamentary Review of the Copyright Act, you might imagine that Copyright Policy would be enjoying an intermission. That they would be keeping the lights on while waiting for the next round of legislative changes. The reality is much different.

Instead there is constant activity on a myriad of different files and a considerable drive to support Canada's creators and cultural industries without limiting the options considered to legislative changes. There are consultations with stakeholders like collective societies and trade associations on a variety of issues -- not to mention supporting the larger . The Branch supports formal international cooperation efforts at WIPO and the UN and less formal interactions with other counties' copyright policy shops. The , which requires Branch attention. The branch monitors international and domestic jurisprudence on copyright issues, as well as international legislative changes. There's a steady stream of policy research projects that seek to understand and explain the policy options in areas ranging from the protection of Traditional Cultural Expression to the implications of international trade deals. Though I didn’t directly work on these files, being within the department and part of the ongoing conversation meant that I was exposed to everyone else’s work.

The Copyright Policy team extends a huge effort to keep on top of the world of copyright, and it is a much broader world than I ever imagined. I started my placement thinking that I knew quite a bit about copyright. I ended it knowing a lot more about copyright and also knowing that there is a lot, lot more that I don’t know. Yet.

Jacquilynne Schlesier is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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During the 10 weeks I had an opportunity to sharpen my legal analysis and research skills and practiced, daily, the principles of statutory interpretation. I polished my legal writing abilities and had the occasion to present part of my research to interested government departments. I appreciated having this experience to share my research but more importantly to have other departments share their knowledge in a lively discussion of the issues. On a day-to-day basis I was impressed with the collaborative environment of the branch. Many of the more indispensable learning opportunities came from informal conversations with colleagues regarding points of research, clarification on issues or deliberations regarding interpretation.

The collegial environment at the office made the transition and integration very easy. Everyone is supportive, thoughtful and very welcoming. It didn’t hurt that there were a few Osgoode grads (and IP Intensive program alumni) in the office, which is a testament to how successful the IP Intensive Program is for the students involved but also to the participating organizations. I could not have joined government at a better time. The election was held in the middle of my placement and it was a great environment to be in during the final few weeks of campaigning. Change has meant a “crash course” in the inner workings of government and to see all of the work that goes into preparing for (what ended up being) a new government and a new Minister. I was fortunate to have been able to contribute in a minor way and it was a great experience to see the level of detail and work that goes into this preparation. The weekly “watercooler” meetings were a great opportunity to hear what everyone was working on, to discuss interesting developments in copyright, and to learn more about the future work of the branch. The meetings were also a great way to see how my assignments fit into the larger vision and direction of the department.

It was not all work and no play. Although being placed in Ottawa meant being away from my home in Toronto, it had the distinct advantage of having exceptionally affordable hockey tickets. I was able to convince a few of my colleagues to join me so that I didn’t have to go see the Redwings play the Senators by myself. I also enjoyed a weekend afternoon at the National Gallery of Canada and I was also able to attend the Remembrance Day service at the War Memorial. This was such a special experience. Being a part of the large crowd, the service was a touching moment of remembrance and gratitude. One of the only disappointments I have about my time in Ottawa is that I didn’t have the opportunity to skate on the canal in the winter. There is something oh so Canadian about being able to bundle up and skate to your office each morning. However, I did get to enjoy the warm fall weather and to see the beautiful display of fall foliage in the Gatineau Hills. And now I am back in Toronto. The ten-week program flew by in a flash and although I was sad to leave, I recognize that the fate of Canada’s copyright policy is in exceptionally capable hands. The amendments to the Copyright Act in 2012 included a mandate to review the Act every five years. I will certainly be looking eagerly to 2017, the first of the five-year reviews, to watch with interest the issues, recommendations and changes (if any) that come to the Act. I was so fortunate to have had this experience and am grateful for all the knowledge that was shared and for the wonderful opportunity to have played an infinitely small role in the development of copyright policy in Canada.

Stephanie Kolla is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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Through my internship I  gained a more comprehensive understanding of what copyright policy actually means, and how it is used as an instrumental tool essential for the promotion and encouragement of Canada's creative industries. Having the opportunity to intern at the Federal Government was an invaluable experience, as it allowed me to glance into the typical workday of a civil servant and gain a meaningful understanding of how policy is processed from the inception of an idea into action and reform.

What I appreciated most about my experience was seeing how the culture of the Copyright Branch cultivated hard-work and intellectual development. Balancing the interests (and demands) of industry stakeholders, users and rights-holders while simultaneously dealing with the practical implications of the is no easy feat. Beyond their expertise and impressive knowledge about copyright law, the people at Heritage were also well-versed on the values of peer-support and collaboration.

Our weekly “water-cooler” meetings reflected this unwavering team spirit. Getting the group together at least once a week provided a valuable opportunity to learn about  different projects, ask questions or discuss hot topics in the world of Copyright law, all within a casual setting. I even had the chance to lead one of the meetings as I recapped my research findings and offered my opinion about current international developments.

My work at the government office focused on both Canadian and international law. During my placement I  helped create a “Frequently Asked Questions” (FAQ) Sheet to be posted on the Government’s website in the near future. This initiative will hopefully make copyright law more accessible and transparent for the Canadian public. The Copyright Branch is committed to achieving harmony between the Canadian Copyright system and other countries worldwide. As a result, I was able to work on a long-term assignment which involved gathering and synthesizing large amounts of data relating to current international reforms and recent initiatives in copyright. From this, I gained indispensable insight into entirely new systems of intellectual property law while learning much about the cultural industries of different countries.

Above all, my work at Heritage afforded me a perfect opportunity to practice and polish my legal analysis and research skills, an advantage that will surely benefit me in my future career. Importantly, I learned how to sieve through large amounts of information and provide a comprehensive and succinct memo (called fiches) as a final product. I even researched and summarized documents in different languages with the help of translation applications.

I was most impressed with the Copyright Branch’s ability to keep its finger on the pulse of international copyright reforms occurring worldwide. Accordingly, Canadian Heritage’s objective of achieving copyright harmony within an international context was reflected in their positive and extremely diplomatic relationships with delegates across the globe. It is precisely these strong international relationships which lead me to the highlight of my internship. I felt grateful to have the opportunity to attend a full-day seminar delivered by Spanish Delegates regarding the recent changes made to the Spanish copyright system. Since I had conducted research on the Spanish copyright system in an earlier assignment, I was able to follow along with the talk comfortably. At certain points I even had the opportunity to offer my opinions to the table. Overall, it was a very exciting (and at times surreal) day; it was very memorable to be part of this greater dialogue between the Copyright Board, Industry Canada, Canadian Heritage and Spanish delegates.

I am truly thrilled to have been part of such a vibrant and dynamic team at the Department of Canadian Heritage - Copyright and International Trade Branch. I am grateful to my supervisors (both at Heritage and IP Osgoode) for making this internship opportunity possible, and for making my experience in Ottawa one I will never forget.

Mona Zarifian is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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The Department of Canadian Heritage is a multifaceted ministry of the Federal Government focused on promoting “.”  My internship was spent with the department’s Copyright and International Trade Policy Development Branch whose mandate is to ensure “.”  The Branch carries out this mandate through a series of initiatives, which include providing the public with information about Canada’s copyright system, staying on top of the latest developments within copyright both domestically and internationally, and helping promote Canada’s interests abroad with respect to international copyright negotiations. 

In the year leading up to the coming into force of the (CMA), the Branch’s policy analysts were hard at work in order to ensure the reform process went as smoothly as possible.  Now that the CMA has taken effect, the branch has turned its focus towards Canada’s commitment to the .  Despite this change in focus, the branch continues to stay on top of copyright issues and developments as the reformed copyright regime takes on its newly defined parameters. 

While at the Branch, I was able to take part in many different kinds of projects and initiatives including participating in weekly branch meetings, writing issue briefs on topics related to contemporary copyright discourse, drafting memos for the Branch’s deputy minister, and attending presentations by Branch members on different aspects of copyright reform. 

Other highlights from the internship include attending a conference hosted by the University of Ottawa on Professor Michael Geist’s recently edited collection of essays titled, , and following proceedings at the Copyright Board on the Commercial Radio Tariff (SOCAN: 2011-2013; Re: Sound: 2012-2014; CSI: 2012-2013; ArtistI: 2012-2014; AVLA/SOPROQ: 2012-2017) on behalf of the branch.  This latter task provided me with a firsthand look into the workings of Canada’s Copyright Board, and advocacy within the context of intellectual property law disputes more generally.      

The time I spent with the Branch will undoubtedly serve me well going forward in my legal career.  Not only did it fuel my passion for the study of copyright, and intellectual property law, but it also gave me the opportunity to exercise and refine my legal research skills in a practical setting while engaging in meaningful policy work.  The Branch is an amazing place made up of great people who are truly passionate about their work, and through them I have acquired a newfound appreciation for taking a public policy-oriented approach to legal issues of all sorts.   

I cannot overstate the value of Osgoode’s Intellectual Property & Technology Law Intensive Program.  It is a must for anyone who is genuinely interested in intellectual property law and would like to experience their nuances up close and personal.  Furthermore, it is an excellent practical supplement to theoretical classroom learning that provides students with a great deal of perspective on the discipline.    

Oscar Palma is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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