The Canadian Association of Broadcasters has applied
to the Copyright Board of Canada for a radical overhaul of the current
fees paid by radio stations for commercial radio reproduction of music.
The CAB argues that in light of copyright reforms in Bill C-11 and the
Supreme Court of Canada's rulings on fair dealing, there is no legal
basis for several tariffs proposed by CMRRA-SODRAC (CSI), AVLA, and
ACTRA and that the rate on earlier approved tariffs should be significantly reduced.
The CAB position on the impact of the law is that:
The result of the changes to the Copyright Act made by the Copyright Modernization Act, when combined with the fair dealing right as applied in ESA, is to
eliminate or significantly reduce the liability of radio broadcasters
for the reproductions made by them in the course of their broadcasting
activities. Even the reproduction collectives agree that the legislative
changes alone will eliminate most liability of radio broadcasters for
reproductions of music.
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The story of the weekend was the publication by the U.S. Republican
Study Committee of a progressive report on copyright, only to withdraw
the paper hours later (coverage from Techdirt (1, 2), Volokh Conspiracy, the American Conservative, Politico, CNET, and Macleans). The paper - which can still be found online
- identifies several copyright myths and contains several notable
proposed reforms including expanding fair use, reforming U.S. statutory
damages rules, creating copyright misuse penalties, and limiting copyright
terms.
Interestingly, Canada has already begun to move in this
direction with Bill C-11, which reformed statutory damages and
created a non-commercial user generated content provision. Moreover,
Canadian law features a shorter copyright term than that found in the
U.S. Given the rush to take the paper down, the fear is that even
modest reform recommendations face opposition from copyright lobby
groups,
who exert enormous influence with U.S. politicians. As Canada jumps into
the Trans Pacific Partnership negotiations in the next few weeks,
Canadian copyright reforms will undoubtedly face tough scrutiny as
the U.S. pressures us to undo many positive reforms and make further
changes that the Canadian government previously concluded did not strike
a reasonable balance. Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareTuesday November 20, 2012 |
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Howard Knopf reports
that the Canadian delegation to the World Intellectual Property
Organization Standing Committee on Copyright, which is meeting in Geneva
this week, will endorse the concept of an international treaty for the
visually impaired. Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareTuesday November 20, 2012 |
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Last week, I posted
on the emerging consensus within the Canadian education on the scope
of fair dealing. The AUCC has now become the last major
educational association to adopt a fair
dealing policy, which largely mirrors the approach of the ACCC
and K-12 schools.
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