Post Tagged with: "61 reforms to c-61"

61 Reforms to C-61, Day 7: Time Shifting Provision Prohibits Network-Based PVRs

In the months leading up to Bill C-61, Telus consistently argued for a "living" fair dealing provision that could adapt to changing technologies.  In particular, the company noted its interest in providing a network-based PVR that would allow customers to record and store programs that reside on computers that it […]

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July 1, 2008 10 comments News

61 Reforms to C-61, Day 5: Time Shifting Provision Subject to the Broadcast Flag

Having discussed the format shifting exception, this series now turns its attention to the time shifting provision (Section 29.23).  It should be noted that the legalization of recording television shows is long overdue – I argued for it last year and Canada is more than 25 years behind the United […]

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June 27, 2008 13 comments News
61 Reforms to C-61, Day 4: Format Shifting’s 12 Step Approval Process

61 Reforms to C-61, Day 4: Format Shifting’s 12 Step Approval Process

My final post on the format shifting exception focuses on the sheer complexity of the provision.  The idea behind format shifting makes a great deal of sense – consumers buy books, photos, videos, and other content and want the right to view or enjoy the content on the device or medium of choice.  Those rights can be priced into the purchase price and copyright law should facilitate that form of personal use. 

Yet even beyond the digital lock limitation, the provision contains so many conditions that it will leave many Canadians unsure as to whether they have complied with the law.  Just how complicated?  The PDF chart below shows the 12 step process that Canadians must meet in order to comply.  This is simply unworkable for all but a handful of lawyers.  The government has said it wants to target commercial infringement, yet complicated provisions like this one send a different message. The law should be amended to keep format shifting, but with a simplified process.

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June 25, 2008 20 comments News
61 Reforms to C-61, Day 4: Format Shifting’s 12 Step Approval Process

61 Reforms to C-61, Day 4: Format Shifting’s 12 Step Approval Process

My final post on the format shifting exception focuses on the sheer complexity of the provision.  The idea behind format shifting makes a great deal of sense – consumers buy books, photos, videos, and other content and want the right to view or enjoy the content on the device or medium of choice.  Those rights can be priced into the purchase price and copyright law should facilitate that form of personal use. 

Yet even beyond the digital lock limitation, the provision contains so many conditions that it will leave many Canadians unsure as to whether they have complied with the law.  Just how complicated?  The PDF chart below shows the 12 step process that Canadians must meet in order to comply.  This is simply unworkable for all but a handful of lawyers.  The government has said it wants to target commercial infringement, yet complicated provisions like this one send a different message. The law should be amended to keep format shifting, but with a simplified process.

Read more ›

June 25, 2008 Comments are Disabled Stop CDMCA