Michael Geist

Musician Carole Pope has an op-ed in the Globe and Mail today calling on the government to reform Bill C-32 by extending the private copying to MP3 players.  That approach was derided by both Canadian Heritage Minister James Moore and Industry Minister Tony Clement as the iTax last spring and Clement tweeted a response today.  Regardless of your view on the levy, the op-ed highlights just how divided the music industry in Canada is on Bill C-32.  While sites like the CRIA-backed Balanced Copyright for Canada seek to project an image of strong support for the bill, the reality is that the Canadian music industry is deeply divided on many aspects of the proposed legislation.  In fact, in recent weeks it has turned increasingly critical, touting the need to pass the bill, but simultaneously offering mounting criticism of its provisions.

For example, the uneditable letter now being used by the Balanced Copyright for Canada site tells MPs and Senators that “unfortunately Bill C-32 falls short of meeting the government’s stated intentions. The core message, ‘thou shalt not steal’ is diluted by such a bewildering array of exceptions that if anything the situation for creators will grow worse.” This represents a significant change from earlier letters that did not include such criticisms.  In fact, the initial BCFC consumer letter stated:

I believe the Copyright Act amendments proposed in Bill C-32 do a good job of balancing the right of artists and creators to benefit financially from their work, and the ability of consumers like me to make copies for non-commercial use and personal enjoyment. If Bill C-32 passes, it will give me the peace of mind of knowing that when I take music I’ve purchased and downloaded online, and copy it to my player, it’s legal. There will be no doubt in my mind that the PVR copy of a movie or the episode of my favourite TV show that I’ve made for later viewing doesn’t infringe copyright. And, I will know that my favourite singers, musicians, and film makers have been financially and fairly compensated for their work and creativity.

The new criticisms from the BCFC are just the tip of the iceberg:

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