Post Tagged with: "c-61"

U.S. Targets Canada Over Copyright in Special 301 Report

The U.S. Trade Representative released its Special 301 report today, in which it casts judgement on the intellectual property laws of dozens of countries around the world. To the surprise of no one, Canada finds itself playing the role of Bill Murray in Groundhog Day as it once again is target.  In fact, this year the U.S. aims to increase the pressure by elevating Canada to the Priority Watch List (a more sinister designation than the previous Watch List), implausibly claiming that Canada sits alongside countries like Russia and China with its intellectual property laws. 

The move is not unexpected, given recent comments from Vice President Joe Biden and U.S. Congressional panels as well as the demands from U.S. lobby groups.  Those same groups will now dust off their press releases that lament the "embarrassment" of being included on the list (never mind that countries that represent more than 70 percent of the world's population are on the list) and the failure to introduce U.S.-style reforms (never mind that Canada enacted anti-camcording laws in 2007, introduced C-61 last year, is an original negotiating partner in the ACTA negotiations, joined the U.S. as a third party in the WTO copyright complaint against China, etc.).

Hopefully, the Canadian officials will similarly dust off their advice to the Minister, which for the past few years has stated (as obtained under Access to Information):

The Government is disappointed with the United States' decision to include Canada in its [year here] Special 301 "Watch List."  Canada does not recognize the Special 301 process due to its lacking of reliable and objective analysis, and we have raised this issue regularly with the U.S. in our bilateral discussions."

Those same sentiments were expressed by an official at the Department of Foreign Affairs to a House of Commons committee in 2007:

Read more ›

April 30, 2009 31 comments News

U.S. Targets Canada Over Copyright in Special 301 Report

The U.S. Trade Representative released its Special 301 report today, in which it casts judgement on the intellectual property laws of dozens of countries around the world. To the surprise of no one, Canada finds itself playing the role of Bill Murray in Groundhog Day as it once again is target.  In fact, this year the U.S. aims to increase the pressure by elevating Canada to the Priority Watch List (a more sinister designation than the previous Watch List), implausibly claiming that Canada sits alongside countries like Russia and China with its intellectual property laws. 

The move is not unexpected, given recent comments from Vice President Joe Biden and U.S. Congressional panels as well as the demands from U.S. lobby groups.  Those same groups will now dust off their press releases that lament the "embarrassment" of being included on the list (never mind that countries that represent more than 70 percent of the world's population are on the list) and the failure to introduce U.S.-style reforms (never mind that Canada enacted anti-camcording laws in 2007, introduced C-61 last year, is an original negotiating partner in the ACTA negotiations, joined the U.S. as a third party in the WTO copyright complaint against China, etc.).

Hopefully, the Canadian officials will similarly dust off their advice to the Minister, which for the past few years has stated (as obtained under Access to Information):

The Government is disappointed with the United States' decision to include Canada in its [year here] Special 301 "Watch List."  Canada does not recognize the Special 301 process due to its lacking of reliable and objective analysis, and we have raised this issue regularly with the U.S. in our bilateral discussions."

Those same sentiments were expressed by an official at the Department of Foreign Affairs to a House of Commons committee in 2007:

Read more ›

April 30, 2009 Comments are Disabled Stop CDMCA

Entertainment Software Association Lobbies For Reintroduction Of C-61

The Entertainment Software Association conducted a major lobbying event this week in Ottawa, using it to promote copyright reform and the reintroduction of C-61-like provisions.  Conservative MP Mike Lake, the Parliamentary Secretary to Industry Minister Tony Clement, said that the bill is a priority for the government.

Read more ›

April 22, 2009 11 comments News

Why The Pirate Bay Decision Does Not Mean Canada Needs Copyright Reform

In the wake of this morning’s Pirate Bay decision, the Canadian Recording Industry Association is unsurprisingly continuing its lobby efforts by sending out messages to MPs and media that the case is evidence that Canada must update its copyright laws.  It is important to set the record straight – today’s decision does not provide any evidence of the need for Canadian copyright reform.  In fact, if CRIA’s goal is to address a potential Canadian Pirate Bay, it likely already has all the laws it needs.  Rather, the claims that C-61 style reforms are urgently needed is simply a matter of bait and switch since the failed C-61 (modeled on the U.S. DMCA) did not meaningfully address liability for torrent search site like the Pirate Bay.

There are three key points to keep in mind in this regard. 

Read more ›

April 17, 2009 48 comments News

CRIA Launching Grassroots Campaign for Canadian DMCA

As the Canadian government considers its next move on copyright reform, it would appear that the Canadian Recording Industry Association is readying a grassroots campaign to argue for a repeat of Bill C-61.  The following leaked email was widely distributed from an executive at one of the major record labels:

I'm sure that all of you are aware of the current challenges that we have within our industry around copyright infringement. What you may not know is that there is a lack of support within our government for laws that are currently in place NOT protecting copyright work. Virtually every other developed nation in the world has taken one key step to keep peer to peer downloading under control: they have modernized their copyright rules for the digital age. It is time Canada's Parliament implement similar, long overdue reforms, in keeping with our country's commitments under the 1996 WIPO Internet Treaties.

You can make a difference by understanding the current challenging situation, talking to your colleagues about it, and letting your MP know how you feel about this. Below and attached is a Frequently Asked Question form that can bring you up to speed on the issues and other info that you may not be aware of. Take a minute to review, and then please follow up by sending an email to your MP if you feel that music and these matters are important to you.  In addition to the email message, or as an alternative, please write a letter or call your MP and the Heritage and Industry Ministers. 

The letter then lists the addresses for Industry Minister Tony Clement and Canadian Heritage Minister James Moore along with links to a series of supportive organizations and a non-functioning link to a Copyright FAQ that is currently hosted at Universal Music (but indicating that the source is CRIA).

While the industry may face some challenges in generating a major grassroots campaign demanding a Canadian DMCA, more important is their planned Copyright FAQ which unsurprisingly tells only one side of the story.  There are no questions about the robust copyright collective system in Canada, private copying, the Songwriters proposal, the CMCC, the effectiveness of notice-and-notice to address online infringement, etc.  Instead, the FAQ states [with commentary in brackets from me]:

Read more ›

April 9, 2009 29 comments News