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.

The post Experiencing International Policy Perspectives of Canadian Copyright: A Semester with Canadian Heritage (IP Intensive Reflection) appeared first on IPOsgoode.

Everything breaks eventually.

It sounds bleak. But when it comes to the devices, machines, and tools we use every single day, it’s true. You’ll push down the lever on your toaster, but your bread won’t magically change into toast. Parts inside your car will wear out, even if you only do things the average driver does. The device you’re using to read this blog post likely has a battery or drive that will fail.

We’ve all encountered objects that stop functioning. When they do, we act, whether it’s getting the object serviced, fixing it ourselves, or even replacing the whole thing. But some manufacturers intentionally limit what people can do to get their stuff working again, even if you technically have the ability to try and repair your own things. Some manufacturers include . They might hoard proprietary parts and threaten third party part manufacturers. Some companies . Manufacturers can also make their devices without breaking them further. A right to repair can alleviate consumers of some of these restrictive practices and give them more options.

Manufacturers likely find it valuable to monopolize repairs. It’s questionable whether they are obligated to help anyone break into their products for repairs, considering that it might lead to piracy. Companies may arguably make higher-quality repairs on their own products, and worth the price. The device manufacturer should know how to diagnose and fix your device better than anyone. If a device cannot be fixed, manufacturers can even replace them.

However, it doesn’t make sense to restrict competition in the repair market just because a manufacturer can make quality repairs, or for fears of piracy. Even if we accept that third parties can’t meet the manufacturer standard, this fact will likely be reflected in the prices consumers pay third party repair choices. A lack of a right to repair isn’t preventing anyone from pirating either. Consumers should at least have the option to choose, and a right of repair could help them do so.

The US is taking steps towards giving consumers these options to anti circumvention exceptions in section 1201 of the Digital Millennium Copyright Act. Consumers in the US have been given extended to “break in” to consumer software-enabled devices for diagnostics, repair, and maintenance. Consumers will be able to use software tools or enable third parties to use tools to repair devices, where previously this access may have been. There are still limits, in that these , among others. The changes also cannot stop a company from sealing their device in such a way that makes it difficult to access for repair. But it does expand and get in. It’s a nice addition to a consumer’s right to repair their own things.

Canada should follow suit, potentially by adding “repairs” as a category to the Fair Dealing exceptions to copyright. Using software tools to repair a device might , which is prohibited in , likely due to piracy concerns. But, repair exemptions could benefit Canadians, and seems to already have . Additionally, codifying existing common law rights to repair one’s property sends a clear message that Canada is dedicated to protecting the rights of consumers.

A right to repair could help make our society less wasteful. It will give consumers more options to fix their stuff instead of going to the manufacturer to fix things. It could stoke competition in the repair market, which may lower prices. It may also convince more consumers to try the do-it-yourself route, saving costs on simple repairs, and allowing people to learn more about the devices they use every day. With all the potential a right to repair regime might bring, it would be unwise to ignore what the US has done and act on our end.

The post Canada Should Not Be Left Behind as the US Moves Towards a Right to Repair appeared first on IPOsgoode.