Archive for August, 2006

The Private Copying Survey

The Canadian Private Copying Collective is out with an Environics survey it commissioned on Canadians' attitudes toward the private copying levy.  While I give full marks to the CPCC for releasing the survey results in full (presumably it would have been made available as part of their submission to the Copyright Board anyway), it is time to declare a moratorium on the use of polls as policymaking.  As I have noted before, CRIA's regular Pollara polls are rendered useless by virtue of the omission of key questions, inconsistent results, and the lack of public awareness on the issues.

This CPCC study falls into the same category.

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August 31, 2006 5 comments News

30 Days of DRM – Day 13: Criticism, Review and News Reporting (Circumvention Rights)

Yesterday's posting covered the research and private study side of fair dealing. The other major component of the fair dealing user right is contained at Sections 29.1 and 29.2 of the Copyright Act, covering criticism, review, and news reporting.  Both sections permit fair dealing in a work for those purposes provided that the source is identified.  These user rights are equally an integral part of the Copyright Act and should not be unduly constrained. 

Indeed, with the emergence of citizen journalism and user generated content, these rights have assumed even greater importance.

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August 31, 2006 3 comments News

Sony Settles Canadian Class Actions over Rootkit

Jeremy deBeer reports that Sony BMG Canada has settled several Canadian class action lawsuits over the inclusion of the rootkit in dozens of CDs.  The settlement, which must still be approved by a Canadian court, features similar terms to those found in the U.S., including the right to cash compensation […]

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August 31, 2006 Comments are Disabled News

The Upcoming Copyright Clash

LRC Geist June 2005.pdf

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August 30, 2006 Comments are Disabled General

30 Days of DRM – Day 12: Research and Private Study (Circumvention Rights)

Section 29 of the Copyright Act contains one of the most important user rights in Canadian copyright law – fair dealing for the purpose of research or private study does not infringe copyright.  For many years, this provision was narrowly defined such that the education and library communities adopted relatively conservative approaches to defining what constituted fair dealing.  In recent years, however, Canada has experienced a dramatic shift in the vibrance and importance of fair dealing.  In a trio of cases, the Supreme Court of Canada strongly affirmed the need for balance in Canadian copyright law.  The shift began in the Theberge, where Justice Binnie, in discussing the copyright balance, stated that:

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August 30, 2006 Comments are Disabled News