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    Canadian DMCA: C-61

    Why Copyright? Canadian Voices on Copyright Law

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    Billboard Reports Canadian Copyright Consultation This Summer

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    Wednesday June 03, 2009
    Billboard reports what has been long rumoured (and was indicated by a Clement spokesperson in April) - the government will launch a consultation on copyright this summer with the goal of bringing forward a bill by the end of the year.
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    The Liberal Letter on C-61

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    Sunday June 22, 2008
    Earlier this week, I posted a letter from NDP leader Jack Layton that is sharply critical of Bill C-61.  The language used in the letter is apparently being used by other NDP MPs.  The same appears to be true for Liberal MPs.  Several people have sent me copies with only minor variations on this standard response:

    Thank you for your recent e-mail outlining your opposition to the Conservative Government's new Copyright Legislation. I appreciate the time you have taken to advise me of your position.

    While the Liberal Official Opposition believes that updating the Copyright Act to address rapid changes in technology is important, the bill must strike the right balance between consumers and creators. This is a highly technical bill and we need to study it carefully before we can determine exactly how we will proceed.

    Like you, we are also concerned about how this bill treats technological protection measures. It is important that these provisions not take rights away from Canadians. We need wide consultation with everyone - including consumers, artists and the business community - to ensure that we properly understand all of the impacts the legislation.

    Once again, the Conservatives have failed to properly consult Canadians. We want to ensure that the final bill fosters innovation, fairly compensates creators and treats consumers with respect.

    While the Liberals clearly don't yet have a firm position on this bill, there are three key points here.  First, the party recognizes the lack of consultation.  It should seek to remedy that by standing for broad consultations in the fall that give everyone an opportunity to speak out.  Second, adopting a position that digital locks "should not take away rights from Canadians" means that they should support crucial changes to the anti-circumvention provisions that restore the right to circumvent for permitted uses, including fair dealing, time shifting, and format shifting.  Third, they have not yet made the connection (at least publicly), but the Liberals can point to their Bill C-60 as the starting point for crafting better balanced anti-circumvention rules.
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    Who Speaks for the Liberals on Copyright?

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    Thursday May 01, 2008
    In an otherwise one-sided account of the Public Policy Forum copyright symposium, Embassy includes some noteworthy remarks from Liberal Industry critic Scott Brison on copyright reform.  The article quotes Brison:

    "'Our position is we would work to find the right balance between creators and users,' Mr. Brison said. He said the Act to Amend the Copyright Act, or Bill C-60, which was introduced by the Liberal government in 2005 in response to the digital revolution, was a step in the right direction because it was developed through a process of 'transparent public engagement. The Conservative approach has been anything but transparent,' he said. 'They're developing a position behind closed doors, and Bill C-60 died on the order paper.'

    One week after Dan McTeague offered up comments seemingly derived directly from the copyright lobby speaking points, Brison - who as Industry critic presumably will play a key role in developing and articulating the Liberal position - points to two key areas of difference between the Liberals and Conservatives on copyright. 

    First, the Liberals may rightly argue that the Conservatives have developed their copyright bill without adequate consultation.  Second, the party can use Bill C-60 as the basis for its policy position.  While C-60 had its shortcomings, it did strike a balance between users and creators by establishing anti-circumvention legislation that preserved fair dealing rights.  If Industry Minister Jim Prentice continues to embrace a U.S. DMCA-style approach, there may be a deep divide in the House of Commons with both the NDP and Liberals seizing the opportunity by pointing to their more equitable alternatives that better address the concerns of education, the business community, and Canadian consumers.
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    Where Do The Liberals Stand on Copyright?

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    Thursday April 24, 2008
    Dan McTeague, the longtime Liberal MP for Pickering-Scarborough East, is best known for his Private Member's bill on tax-deductible RESPs that caused the government a fair share of heartburn and was ultimately not supported by his own party which did not want to risk an election on the issue.  McTeague has been a longtime advocate for many consumer issues, including campaigning against high gas prices and fighting for more consular support for Canadians abroad.  Notwithstanding this record, McTeague is rapidly emerging as a vocal voice on another issue - U.S.-style DMCA copyright reform.  Indeed, while McTeague may be the Liberal Party's Consumer Affairs critic, he is decidedly anti-consumer when it comes to the issue of copyright.

    Last November, McTeague formed the Parliamentary IP Caucus, which has held regular, private meetings with those advocating tougher copyright reforms including the Canadian Manufacturing Assocation, CRIA favourite Deborah Spar, and ACTRA.  On the Industry Committee, where he sits as Vice-Chair, he pushed heavily for the anti-counterfeiting report that includes a WIPO ratification recommendation.  Yet McTeague's emergence as the new Sam Bulte only became crystal clear at a panel session I attended in Toronto yesterday on copyright and IP, which raises critical questions about where the Liberals stand on copyright.

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