The emphasis placed on technical measures in the legislation leaves the impression that the new copyright legislation has been written in this stringent fashion in order to conform to the US Digital Millennium Copyright Act. If this is true, then the provisions for regulation by the Governor in Council appear to be a kind of escape clause that would allow Canada to create some safeguards for our cultural and educational needs.
But if this is true, it would appear that the Canadian legislation is suffering from an excess of caution. While American media producers and educators enjoy a broad range of rights and freedoms under the Fair Use principles, Canadian producers and educators apparently have to wait for the Governor in Council to issue regulations that may mitigate the threat of prosecution. If this is the principal way that we are going to be informed about our rights as educators, the regulations should be broadly inclusive, and they should be issued promptly. A draft set of regulations would greatly increase educator’s confidence in the bill.
Previous Daily Digital Locks: Provincial Resource Centre for the Visually Impaired (PRCVI) BC, Canadian Consumer Initiative, Retail Council of Canada, Canadian Council of Archives, Canadian Teachers’ Federation, Canadian Federation of Students, Canadian Civil Liberties Association, Documentary Organization of Canada, Canadian Library Association, Council of Ministers of Education Canada, Business Coalition for Balanced Copyright, Canadian Association of Research Libraries, Canadian Historical Association, Canadian National Institute for the Blind, Canadian Bookseller Association, Canadian Home and School Federation, Film Studies Association of Canada, Canadian Bar Association, Canadian Federation for the Humanities and Social Sciences, Appropriation Art, Privacy Commissioner of Canada, Association of Newfoundland and Labrador Archives, Canadian Association of Law Libraries, Federation Etudiante Universitaire du Quebec, Canadian Association of Music Libraries, Archives and Documentation Centres