Michael Geist

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Closing Time on C-11: Help Stop the Final Push for SOPA-Style Reforms & Efforts to Gut Fair Dealing

The long road of Canadian copyright reform is nearing an end as the Bill C-11 committee concluded hearing from witnesses yesterday and indicated that it will begin a “clause-by-clause” review of the bill starting on Monday. While there will still be some additional opportunities for debate – third reading in the House of Commons, Senate review – the reality is that next week’s discussion will largely determine the future of Canadian copyright law.

For the thousands of Canadians that have participated in consultations and sent letters to their MPs, there is reason for concern. On one side, there are the major copyright lobby groups who have put forward a dizzying array of demands that would overhaul Bill C-11. As I described it in a post yesterday:

The net effect of the music industry demands represents more than a stunning overhaul of Bill C-11 as it is effectively calling for a radical reform of the Internet in Canada. Taken together, the proposals would require Internet providers to block access to foreign sites, take down content without court oversight, and disclose subscriber information without a warrant. On top of those demands, the industry also wants individuals to face unlimited statutory damages and pay a new iPod tax. If that were not enough, it also wants an expanded enabler provision that is so broadly defined as potentially capture social networking sites and search engines.

On the other side, there are groups such as Access Copyright that are calling on their members to urge the government and committee MPs to undo the Supreme Court of Canada’s CCH decision on fair dealing.

March 8, 2012 — 40 comments — News

Setting the Record Straight on the Copyright Lobby’s Latest Smear Campaign

The National Post ran a story yesterday (picked up today by Terence Corcoran) focused on the efforts of a series of IP lawyers who represent the music, movie, and software industries (including copyright collectives) to pressure the Canadian Bar Association to withdraw its submission on Bill C-32 (now C-11). The submission isn’t particularly damaging to their clients’ interests, but it does demonstrate the deep divisions that exist within the legal profession about the government’s copyright reform bill, particularly the misgivings over the digital lock rules. Given the ongoing effort of these industries and their representatives to inaccurately paint Canada as a piracy haven and of the need to follow the U.S. approach on digital locks, it would seem that any crack in that armour is viewed as a threat. With false claims of plagiarism and insinuations of policy laundering, this post sets the record straight.

March 8, 2012 — 14 comments — News

CTV on the C-11’s Digital Lock Rules

March 8, 2012 — Comments are Disabled — News

The Other Shoe Drops: Music Reps Want SOPA-Style Website Blocking Added To Copyright Bill

The Bill C-11 committee conducts its final witness hearing on copyright reform today and not a moment too soon. Based on the demands from music industry witnesses this week, shutting down the Internet must surely be coming next. The week started with the Canadian Independent Music Association seeking changes to the enabler provision that would create liability risk for social networking sites, search engines, blogging platforms, video sites, and many other websites featuring third party contributions. It also called for a new iPod tax, an extension in the term of copyright, a removal of protections for user generated content, parody, and satire, as well as an unlimited statutory damage awards and a content takedown system with no court oversight. CIMA was followed by ADISQ, which wants its own lawful access approach that would require Internet providers to disclose subscriber information without court oversight based on allegations of infringement (the attack on fair dealing is covered in a separate post).

Yesterday the Canadian Music Publishers Association added to the demand list by pulling out the SOPA playbook and calling for website blocking provisions. Implausibly describing the demand as a “technical amendment”, the CMPA argued that Internet providers take an active role in shaping the Internet traffic on their systems and therefore it wants to “create a positive obligation for service providers to prevent the use of their services to infringe copyright by offshore sites.” If the actual wording is as broad as the proposal (the CMPA acknowledged that it has an alternate, more limited version), this would open the door to blocking thousands of legitimate sites. The CMPA admitted that the proposal bears a similarity to SOPA and PIPA, but argued that it was narrower than the controversial U.S. bills. While that may technically be true – SOPA envisioned DNS blocking and targeting advertising and payment networks – the website blocking provisions look a lot like the legislation that sparked massive public protest.

March 7, 2012 — 30 comments — News

Bill C-11 Extremism Continues: The Attack on Fair Dealing

The extremist demands on Bill C-11 are not limited to the music industry’s massive overhaul of Canadian copyright reform that would require Internet providers to block access to foreign sites, take down content without court oversight, and disclose subscriber information without a warrant. Over the past two days, several groups have also taken aim at fair dealing. While those groups start by focusing on the extension of fair dealing in Bill C-11 to include parody, satire, and education, under questioning it becomes clear that they their real target is the full fair dealing provision and the desire to undo the Supreme Court of Canada’s CCH decision.

On Monday, the Writers’ Union of Canada told the committee:

March 7, 2012 — 3 comments — News