NDP MP Charlie Angus has issued a press release calling on Industry Minister Jim Prentice to abide by the government's commitment to table international treaties in the House of Commons before introducing ratifying legislation by tabling the WIPO Internet treaties before introducing copyright reform legislation. Last week, the Conservatives unveiled […]
Stop CDMCA
The Canadian DMCA: A Summary To-Date
As the likelihood of the introduction of a Canadian DMCA increases, I've received a large number of requests for a brief summary the issue and the mounting concerns. This is not easy given copyright's complexity, but it is important to ensure that more Canadians better understand the issue.
My short version would be that there is concern with what the bill is likely to contain (modeled after the U.S. DMCA which has had a negative effect on innovation, privacy, education, and research), what it is unlikely to contain (nothing on fair dealing, time shifting, device shifting, the private copying levy), and how it came about (no public consultation, strong-armed pressure from the U.S.). As for what reforms we should have, I think my eight Fair Copyright for Canada principles are balanced and meet the goal of complying with the WIPO treaties.
For those that want to dive a bit deeper, I'd recommend the following five posts:
- My Fair Copyright for Canada Principles
- CBC's Search Engine on Copyright Questions for Prentice
- Ten Questions for Prentice
- The Canadian DMCA's Talking Points
- Why Canadian Copyright Is Stronger Than The U.S.
Want to get involved? Here is my list of 30 things you can do, which includes joining the national Fair Copyright for Canada Facebook group and a local chapter. Copyright for Canadians has even more comprehensive list.
Want to dig even deeper?
Arthur Ponsonby and the Canadian DMCA
Arthur Ponsonby, the British Under-Secretary of State for Foreign Affairs in the 1920s, is best known for establishing a principle regarding Parliamentary oversight of international treaties. In what later became known as the Ponsonby Rule of 1924, he indicated that his government would table every international treaty before both Houses of Parliament for 21 sitting days before moving forward with ratification (ie. in the period between signing a treaty and ratifying it, Parliament would be given 21 sitting days to review and debate the treaty before formal ratification).
On Friday, Canadian Foreign Minister Maxime Bernier announced that the Conservative government was, effective immediately, implementing the Ponsonby Rule into Canadian practice. The release notes that under the new policy, the House of Commons will be given the chance to examine, debate, or vote on new treaties before ratification and that "the government intends to table all international treaties in the House of Commons before taking further steps to bring these treaties into force." Citing with approval the UK model, the release notes that the Clerk of the House will distribute the treaty and an explanatory memorandum to every MP. It will then observe a waiting period of 21 sitting days before taking any action to bring the treaty into effect. When legislative change is required, the release says that "the government is committed to delaying the legislation until the 21-sitting-day period has passed."
I mention this welcome policy because it would seemingly apply to the WIPO Internet Treaties and the move to ratify them via Industry Minister Jim Prentice's Canadian DMCA.
The Copyright MPs
Industry Minister Jim Prentice has understandably been the focal point of the Canadian DMCA given that it is his bill and his call as to whether the government will proceed with anti-education, anti-consumer, and anti-business copyright legislation. While every MP should be paying close attention to copyright – anecdotal evidence suggests that the majority of MPs from all parties have heard from constituents about the issue – there is a subset that should be particularly concerned.
The Copyright MPs are a group of 27 MPs (nine percent of all MPs) who share two key attributes – they won their riding by 10 percent or less in the last election and their riding is home to a university. The combination is important since it is these MPs – not the very safe Jim Prentice – who will face the consequences of the Prentice bill that will harm a generation well versed in digital technologies, social networks, and the Internet. In some ridings, less than 1,000 votes – roughly the size of some large first year courses – is needed to swing the entire riding. In all, there are 10 Conservatives, 11 Liberals, 4 NDP, and 2 Bloc. Who are the Copyright MPs?
The ten Conservative Copyright MPs who will be on the hotseat are:
| MP | Riding | University | Winning Percentage | Runner Up Party |
| Rahim Jaffer (C) | Edmonton-Strathcona | U of Alberta | 9.2 percent | NDP |
| Dean Del Mastro (C) | Peterborough | Trent | 3.6 percent | Liberal |
| James Lunney (C) | Nanaimo-Alberni | Malaspina | 9.1 percent | NDP |
| Rod Bruinooge (C) | Winnipeg South | U of Manitoba | 0.2 percent | Liberal |
| David Sweet (C) | Ancaster-Dundas-Flamborough | McMaster | 4.6 percent | Liberal |
| Norman Doyle (C) | St. John's East | Memorial | 10.5 percent | Liberal |
| Peter MacKay (C) | Central Nova | St. FX | 7.8 percent | NDP |
| Colin Carrie (C) | Oshawa | UOIT | 5.2 percent | NDP |
| Betty Hinton (C) | Kamloops-Thompson-Cariboo | Thompson Rivers | 8.5 percent | NDP |
| Joe Comuzzi (L) | Thunder Bay-Superior North | Lakehead | 1.0 percent | NDP |
The Copyright MPs
Industry Minister Jim Prentice has understandably been the focal point of the Canadian DMCA given that it is his bill and his call as to whether the government will proceed with anti-education, anti-consumer, and anti-business copyright legislation. While every MP should be paying close attention to copyright – anecdotal evidence suggests that the majority of MPs from all parties have heard from constituents about the issue – there is a subset that should be particularly concerned.
The Copyright MPs are a group of 27 MPs (nine percent of all MPs) who share two key attributes – they won their riding by 10 percent or less in the last election and their riding is home to a university. The combination is important since it is these MPs – not the very safe Jim Prentice – who will face the consequences of the Prentice bill that will harm a generation well versed in digital technologies, social networks, and the Internet. In some ridings, less than 1,000 votes – roughly the size of some large first year courses – is needed to swing the entire riding. In all, there are 10 Conservatives, 11 Liberals, 4 NDP, and 2 Bloc. Who are the Copyright MPs?
The ten Conservative Copyright MPs who will be on the hotseat are:
| MP | Riding | University | Winning Percentage | Runner Up Party |
| Rahim Jaffer (C) | Edmonton-Strathcona | U of Alberta | 9.2 percent | NDP |
| Dean Del Mastro (C) | Peterborough | Trent | 3.6 percent | Liberal |
| James Lunney (C) | Nanaimo-Alberni | Malaspina | 9.1 percent | NDP |
| Rod Bruinooge (C) | Winnipeg South | U of Manitoba | 0.2 percent | Liberal |
| David Sweet (C) | Ancaster-Dundas-Flamborough | McMaster | 4.6 percent | Liberal |
| Norman Doyle (C) | St. John's East | Memorial | 10.5 percent | Liberal |
| Peter MacKay (C) | Central Nova | St. FX | 7.8 percent | NDP |
| Colin Carrie (C) | Oshawa | UOIT | 5.2 percent | NDP |
| Betty Hinton (C) | Kamloops-Thompson-Cariboo | Thompson Rivers | 8.5 percent | NDP |
| Joe Comuzzi (L) | Thunder Bay-Superior North | Lakehead | 1.0 percent | NDP |
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