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    Viacom Notices

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    Friday February 02, 2007
    Viacom demands that YouTube take down 100,000 clips that it claims constitute copyright infringement and YouTube responds that it will comply with the request.  While some are asking how YouTube can remove so many clips so quickly, a better question is how Viacom can identify that many clips with sufficient certainty that they are not overstepping their copyright rights.  John Palfrey points to at least one instance of overreaching today involving a 30 second clip of friends eating at a restaurant.  With the DMCA's shoot first, aim later approach of notice-and-takedown, there are no doubt others.  A good example of why Bill C-60 got at least this issue right with a notice-and-notice system.
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    Canadian Documentary Film Makers Speak Out on Copyright

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    Wednesday December 06, 2006
    Another enormously important Canadian group has spoken out on copyright.  The Documentary Organization of Canada, which represents more than 650 independent documentary film makers, has jumped into the copyright debate with a public letter to the Ministers, a background white paper that assesses the legal environment for documentary film makers, and a survey of its members on their experiences with copyright.

    The letter notes the growing concern with the effect of copyright on documentary film makers, citing the survey results which found that 85 percent of film makers find copyright more harmful than beneficial and 82 percent find that the law is more likely to discourage them from making new films.  The letter notes that copyright reform could be used to address these concerns, yet there are fears that it will actually make things worse.  The film makers chief concerns include modifying fair dealing by expanding the current list of enumerated categories, providing film makers with the right to circumvent DRM systems if anti-circumvention legislation is introduced, avoiding a ban on devices that can be used to circumvent DRM systems, reform of the orphan works regime, simplification of copyright clearance, and providing stable funding to Canada's archives.  The letter is signed by 130 of Canada's most prominent documentary film makers including Oscar winner Denys Arcand (indeed, Quebec film makers represent the largest group of signatories).

    So the list of Canadian artists concerned with DMCA-like copyright reform expands to include Canada's leading film makers, artists, and musicians.  There is now no doubt that the interests of Canadian artists and the broader Canadian public are aligned against a copyright bill focused on anti-circumvention legislation.  Moreover, an even broader array of groups - including major telecommunications companies such as Telus - are advocating for an expanded fair dealing provision.  Is the government listening?

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    Canadian Heritage Committee to Conduct CBC Hearings

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    Wednesday November 22, 2006
    The Standing Committee on Canadian Heritage has voted unanimously to conduct hearings on the future of the CBC starting in the new year.  The move comes after the Conservative government shelved a potential review earlier this year.  Interestingly, the  hearings could have an impact on copyright reform since tying up the Heritage Committee on CBC matters could take them out of the running to host the lengthy hearings on a possible copyright bill.  Review of the last copyright bill - Bill C-60 - was to have been conducted by a special parliamentary committee smartly designed to balance Heritage and Industry participation.
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    Quebec and Copyright

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    Friday November 17, 2006

    Today's Le Devoir features a noteworthy op-ed on copyright from many of Quebec's leading publishers.  The gist of the op-ed is that copyright is crucial to Quebec culture, the educational exception proposed by Canadian Ministers of Education would have a devastating effect on that culture, and the Conservatives seem ready to support the education exception without any public debate. 

    Given the transparent efforts of the minority Conservatives to court the Quebec vote - this week alone Industry Minister Bernier gave two speeches in Montreal on economic development and the environment, while Heritage Minister Bev Oda opened an OAS conference on culture - it is worth considering how copyright reform will play in Quebec. 

    The working assumption is generally that culture is major issue in Quebec, that copyright is viewed as an integral part of cultural policy, and that therefore stronger copyright laws are an election winner in the province.  Yet if the rumours about the contents of the forthcoming copyright bill are accurate, the Conservatives are about to fundamentally misread where the support for copyright reform lies.  The bill is likely to contain two pillars - anti-circumvention legislation and the education exception (there will obviously be other provisions but these are the two issues designed to address the loudest lobby groups, namely CRIA and CMEC).  Both issues are losers in Quebec.


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