Howard is Counsel with Macera & Jarzyna, LLP in Ottawa, Canada. He has appeared as counsel before the Copyright Board, the Canadian Artists and Producers Professional Relations Tribunal, the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada. He has been an advisor to the Law Commission of Canada on security interests in intellectual property. He edited and substantially contributed to the resulting book entitled Security Interests in Intellectual Property. He spent a decade in the Canadian federal government, with senior responsibility for major copyright revision, serving as Head of Delegation to several WIPO meetings, and launching Canada’s first abuse of dominance case involving intellectual property law.
His litigation successes include important decisions in the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada on issues involving file sharing, privacy, private copying levies, parallel importation, fair dealing and whether Copyright Board tariffs are mandatory. He was co-author of an amicus brief in the United States Supreme Court in the Grokster case. He has appeared several times on various issues before House of Commons and Senate committees in Canada. He has been the Chairman of the Copyright Policy Committee of the Canadian Bar Association (“CBA”) and is currently an active member of the CBA Court Practice and Copyright committees.
He has frequently lectured at the invitation of the judiciary, government, law schools, continuing legal education fora, the Law Society of Upper Canada, the World Intellectual Property Organization (WIPO) and various NGOs including the Couchiching Institute on Public Affairs. He has published extensively, as both author and editor. Since 2000, he has been a member of the faculty of the annual Fordham International Intellectual Property Law and Policy Conference in New York and Cambridge, England. He has been an adjunct law lecturer at Queen’s University and was cited by Canadian Lawyer magazine as being one of Queen’s law faculty’s “best and brightest.”
B.A. University of Toronto
M.S. Juilliard School (New York)
LL.B. Osgoode Hall Law School
LL.M. University of Ottawa
He has been a board member of several arts institutions and a Director of the Couchiching Institute on Public Affairs, Canada’s oldest organization devoted to public policy. Prior to his legal career, he was a professional clarinetist performing in Canada, the USA and Europe and frequently for the Canadian Broadcasting Corporation. He maintains a widely read blog on copyright law at www.excesscopyright.blogspot.com and is often quoted in Canadian and foreign media.