Archive for July 16th, 2008

The C-61 in 61 Seconds YouTube Video Competition

Tens of thousands of Canadians have spoken out against Bill C-61 over the past month.  In addition to the letters, MP meetings, and town halls, many have created mashups, videos, comics, posters, photos, and other creative art to express their disappointment and concern with Industry Minister Jim Prentice's plan for […]

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July 16, 2008 4 comments News

The C-61 in 61 Seconds YouTube Video Competition

Tens of thousands of Canadians have spoken out against Bill C-61 over the past month.  In addition to the letters, MP meetings, and town halls, many have created mashups, videos, comics, posters, photos, and other creative art to express their disappointment and concern with Industry Minister Jim Prentice's plan for […]

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July 16, 2008 Comments are Disabled Stop CDMCA

USTR Posts ACTA Submissions

The USTR has posted four volumes of public submissions on its Anti-Counterfeiting Trade Agreement consultation.  By contrast, Canada's DFAIT, which conducted a similar consultation this spring, offers only complete silence.

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July 16, 2008 Comments are Disabled Must Reads

Canadian Court Awards Major Counterfeiting Damages

The Canadian Trademark Blog points to another court decision awarding huge damages for counterfeiting activities in Canada.  Yet another example of how the claims that Canadian law is unable to address counterfeiting concerns do not stand up to any meaningful scrutiny.

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July 16, 2008 Comments are Disabled Must Reads

61 Reforms to C-61, Day 18: TPMs – No Exception for Personal Uses

One of the most common criticisms of Bill C-61 is its failure to distinguish between commercial and non-commercial uses.  It is becoming increasingly clear that many Canadians believe that they should have the right to use their property – whether music, videos or other content – in a fair manner without the law painting them as infringers for personal uses.  Unfortunately, Canadian rarely considers personal uses (the private copying levy is an exception).  This is not true for all countries.  For example, Lithuania (which has acceeded to the WIPO Internet treaties), includes a blanket exception for personal uses.  Article 20 provides that:

It shall be permitted for a natural person, without the authorisation of the author or any other owner of copyright, to reproduce, exclusively for his individual use, not for direct or indirect commercial advantage, in a single copy a work published or communicated to the public in any other mode, where the reproduction is a single-action.

While this kind of provision alone would be welcome under Canadian law (and remove much of the complexity found in the new round of consumer-oriented exceptions), it is noteworthy that the Lithuanian anti-circumvention provisions include a specific exception that preserve this personal use right by requiring content owners to enable legitimate uses.  Article 75 (1) states:

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July 16, 2008 5 comments News