Post Tagged with: "61 reforms"

61 Reforms to C-61, Day 46: Education Harms – Lesson Provisions Only Extend To Limited Exceptions

With the school year set to resume in just over a week, the 61 reforms series turns to the education concerns associated with Bill C-61. Statistics Canada confirmed last fall that the Internet is changing the face of Canadian education by altering the ways students conduct their research or participate in distance learning.  This is particularly true for students from rural or small-town communities, who increasingly depend on the Internet for electronic distance learning.  Many in the education community have reacted with alarm at C-61 including the Canadian Association of University Teachers, the Canadian Federation for the Humanities and Social Sciences, and the Canadian Federation of Students.  Moreover, University executives are beginning to speak out as well – Athabasca University Vice-President of Research Rory McGreal recently published an op-ed that warned that "the proposed new Bill C-61 will have profound negative effects on researchers and educators as well as the general public."

A particular sore point is the bill's treatment of "lessons."  While the provisions purport to provide the education community with new rights to faciliate distance learning, these provisions are stunningly arcane and practically worthless. 

Read more ›

August 25, 2008 9 comments News

61 Reforms to C-61, Day 45: Making Available Right and Actual Distribution

Bill C-61 unsurprisingly includes a new "making available" provision that grants performers and sound recording makers the exclusive right to make their works available.  Two provisions establish the making available right in the bill (similar rights are already granted to authors and composers). Section 15 (1.1)(d) provides that a performer's […]

Read more ›

August 22, 2008 13 comments News

61 Reforms to C-61, Day 44: ILTs – Notice and Takedown for Search Engines

By far the most problematic aspect of the ILT provision is the creation of a notice-and-takedown system for search engines.  Unlike ISPs – who are subject to the more-balanced notice-and-notice approach – ILTs are effectively subject to a notice-and-takedown system without any of the counter-notification or balancing provisions contained in […]

Read more ›

August 21, 2008 11 comments News

61 Reforms to C-61, Day 43: ILTs – Safe Harbour Largely Illusory

The inclusion of provisions for "Information Location Tool Providers" – ie. search engines – was a bit of a surprise.  The ILT provisions unexpectedly appeared in Bill C-60 and there were concerns expressed with the approach adopted by the government.  ILT provisions are back in C-61 with the focus on […]

Read more ›

August 20, 2008 2 comments News

61 Reforms to C-61, Day 42: ISP Notice and Notice – No Penalty for False Notices

A second concern associated with the notice and notice approach in Bill C-61 is the absence of a penalty against claimants that file wrongful notices. This means that subscribers may receive completely erroneous notices regarding allegedly infringing content with no consequences to claimant.  Section 41.25(2) includes considerable specificity about what […]

Read more ›

August 19, 2008 8 comments News