During the most recent election campaign, there was no shortage of debate over the so-called iPod Tax, a proposed levy on iPods and similar devices to compensate for copies of sound recordings. While the prospect of an iPod tax in Canada died with the Conservative majority, the existing private copying […]
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“Canada’s Piracy Rate is at an All Time Low”
The Toronto Star runs a story on the release, complete a graphic showing Canada among the 15 lowest piracy countries in the world. Canada’s is well below the Western European average and well below the other countries on the USTR Special 301 Watch list. While the BSA notes an increase in the dollar amount, this is due almost entirely to currency fluctuations given the stronger Canadian dollar. Moreover, Joe Karaganis highlights the fact that the BSA says the top source of “software piracy” is not unauthorized versions of software but rather “overinstallation” – the installation of legal, authorized software on more than one computer.
What Comes Next for Canadian Copyright Reform: Speculating on Three Scenarios
Scenario One – Bill C-32 Is Reintroduced Unchanged
The reintroduction of Bill C-32 is by far the most likely scenario. The reason is simple – it’s what the Conservatives have said they plan to do. The Conservative election platform stated:
A Stephen Harper-led majority Government will also reintroduce and pass the Copyright Modernization Act, a key pillar in our commitment to make Canada a leader in the global digital economy. This balanced, commonsense legislation recognizes the practical priorities of teachers, students, artists, families, and technology companies, among others, while aligning Canada with international standards. It respects both the rights of creators and the interests of consumers. It will ensure that Canada’s copyright law will be responsive in a fast- changing digital world, while protecting and creating jobs, promoting innovation, and attracting investment to Canada.
Since Harper noted in his first post-election press conference that his plans are unlikely to surprise, there is every reason to take him at his word. In all likelihood, Bill C-32 will be back and it will be passed.
Business News Network on Copyright Reform
I appeared yesterday on the Business News Network to discuss Canadian copyright reform and the likely next steps for the government.
The Lawful Access Legislation: Does it Really Criminalize Linking & Anonymity?
As I have argued for a long time, there are many reasons to be concerned with lawful access. The government has never provided adequate evidence on the need for it, it has never been subject to committee review, it would mandate disclosure of some personal information without court oversight, it would establish a massive ISP regulatory process (including employee background checks), it would install broad new surveillance technologies, and it would cost millions (without a sense of who actually pays). Given these problems, it is not surprising to find that every privacy commissioner in Canada has signed a joint letter expressing their concerns.
Yet while lawful access raises many issues (such that it clearly does not belong in an omnibus bill placed on the fast track), I do not believe that creating criminal liability for linking or anonymous speech are among them.
Recent Posts
The Sound of Silence: On Being Jewish in Canada in 2025 
The Law Bytes Podcast, Episode 241: Scott Benzie on How Government Policy Has Eroded Big Tech Support for Canadian Culture 
What Is the Canadian Government Doing With Its Incoherent Approach to TikTok? 
The Law Bytes Podcast, Episode 240: Dean Beeby on Why Canada’s Language Laws May Stop Government From Posting Access to Information Records Online 
Risky Business: The Legal and Privacy Concerns of Mandatory Age Verification Technologies
