LILLEY: CBC lawsuit against Conservatives looks like move to protect Trudeau Liberals
Brian Lilley
More from Brian Lilley
Published:
October 12, 2019
Updated:
October 12, 2019 3:15 PM EDT
Conservative Leader Andrew Scheer (right) and Liberal Leader Justin Trudeau gesture to each other as they both respond during the Federal Leaders Debate at the Canadian Museum of History in Gatineau, Que., on Monday, Oct. 7, 2019.Justin Tang / AFP via Getty Images / Pool
I don’t know how the brain trust over at CBC thought this would look good on them.
The broadcaster most thought of as being in the pocket of Justin Trudeau and the Liberals has decided to sue the Conservative Party with less than two weeks to go before voting day.
The lawsuit — which claims copyright infringement — is not only bad optics, its a bad decision from a legal point of view.
CBC is wrong on the law here.
The statement of claim filed in court tries to argue that CBC’s copyright has been infringed because the Conservatives used several short clips, totalling 17 seconds, as part of an online video questioning the judgement of Justin Trudeau.
The filing also claims the moral rights of CBC staffers Rosemary Barton and J.P. Tasker were violated.
This is nothing more than an attempt by CBC to bully the Conservatives because they don’t like that news clips have been used in ads even though it is completely allowable under the “fair dealing” provisions within the Copyright Act.
University of Ottawa law professor Michael Geist posted several online criticisms of CBC’s move including claiming that the broadcaster has “an unfortunate history of overzealous use of copyright to stifle freedom of expression.”
“CBC obviously has rights as the copyright owner in its broadcast, but those rights are constrained by limitations and exceptions under the law that allow for use of its work without the need for further permission,” Geist said.
This is a point that was hammered home when the election officially started in a document that Elections Canada distributed to all the parties and broadcasters. It lays out the rules for airtime and advertising during the campaign and is pretty blunt on this point.
“If a news clip is relatively short and is not a substantial part of the audiovisual work from which it was taken, the broadcast of the news clip in a political ad would not infringe the copyright of the owner of the audiovisual work and would not require the permission of that owner to be broadcast,” the Elections Canada Broadcasting Guidelines state.
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Of course CBC knows all this and in the past has even been warned against such action by their own legal and regulatory team.
Ahead of the 2015 election, the head of news at CBC, Jennifer McGuire, sought to ban any political ads that used material from any news broadcaster after the Conservatives used a CBC clip of Trudeau excusing the Boston bomber terrorists as “someone who feels completely excluded.”
“Under existing policies, the mere existence of broadcaster material is not grounds for rejection of an advertisement,” wrote Steven Guiton, CBC’s Chief Regulatory Officer.
Now McGuire, who is really behind the lawsuit as proven by her own statements released Saturday, is at it again.
The worry of CBC is that the public may not think they are impartial if these clips are used in a political ad. The reality is that CBC looks very biased as a result of this lawsuit.
Surely the folks over at CBC know that most Conservatives already view them as a pro-Liberal news organization and yet here they are once again going to court over this issue.
They know they are offside of the law. They know they are offside what their own executives have told them. So why do this?
It looks like they want to protect their favoured leader, Justin Trudeau.
blilley@postmedia.com
http://torontosun.com/opinion/colum...s-looks-like-move-to-protect-trudeau-liberals
Brian Lilley
More from Brian Lilley
Published:
October 12, 2019
Updated:
October 12, 2019 3:15 PM EDT
Conservative Leader Andrew Scheer (right) and Liberal Leader Justin Trudeau gesture to each other as they both respond during the Federal Leaders Debate at the Canadian Museum of History in Gatineau, Que., on Monday, Oct. 7, 2019.Justin Tang / AFP via Getty Images / Pool
I don’t know how the brain trust over at CBC thought this would look good on them.
The broadcaster most thought of as being in the pocket of Justin Trudeau and the Liberals has decided to sue the Conservative Party with less than two weeks to go before voting day.
The lawsuit — which claims copyright infringement — is not only bad optics, its a bad decision from a legal point of view.
CBC is wrong on the law here.
The statement of claim filed in court tries to argue that CBC’s copyright has been infringed because the Conservatives used several short clips, totalling 17 seconds, as part of an online video questioning the judgement of Justin Trudeau.
The filing also claims the moral rights of CBC staffers Rosemary Barton and J.P. Tasker were violated.
This is nothing more than an attempt by CBC to bully the Conservatives because they don’t like that news clips have been used in ads even though it is completely allowable under the “fair dealing” provisions within the Copyright Act.
University of Ottawa law professor Michael Geist posted several online criticisms of CBC’s move including claiming that the broadcaster has “an unfortunate history of overzealous use of copyright to stifle freedom of expression.”
“CBC obviously has rights as the copyright owner in its broadcast, but those rights are constrained by limitations and exceptions under the law that allow for use of its work without the need for further permission,” Geist said.
This is a point that was hammered home when the election officially started in a document that Elections Canada distributed to all the parties and broadcasters. It lays out the rules for airtime and advertising during the campaign and is pretty blunt on this point.
“If a news clip is relatively short and is not a substantial part of the audiovisual work from which it was taken, the broadcast of the news clip in a political ad would not infringe the copyright of the owner of the audiovisual work and would not require the permission of that owner to be broadcast,” the Elections Canada Broadcasting Guidelines state.
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LILLEY: The coalition we can't afford
Of course CBC knows all this and in the past has even been warned against such action by their own legal and regulatory team.
Ahead of the 2015 election, the head of news at CBC, Jennifer McGuire, sought to ban any political ads that used material from any news broadcaster after the Conservatives used a CBC clip of Trudeau excusing the Boston bomber terrorists as “someone who feels completely excluded.”
“Under existing policies, the mere existence of broadcaster material is not grounds for rejection of an advertisement,” wrote Steven Guiton, CBC’s Chief Regulatory Officer.
Now McGuire, who is really behind the lawsuit as proven by her own statements released Saturday, is at it again.
The worry of CBC is that the public may not think they are impartial if these clips are used in a political ad. The reality is that CBC looks very biased as a result of this lawsuit.
Surely the folks over at CBC know that most Conservatives already view them as a pro-Liberal news organization and yet here they are once again going to court over this issue.
They know they are offside of the law. They know they are offside what their own executives have told them. So why do this?
It looks like they want to protect their favoured leader, Justin Trudeau.
blilley@postmedia.com
http://torontosun.com/opinion/colum...s-looks-like-move-to-protect-trudeau-liberals