NDP MP Charlie Angus has shaken up the copyright reform process today with a pair of proposed measures.  The first is a private member's bill that would expand the scope of the private copying levy to include digital audio recorders (DARs) such as iPods.  Bill C-499 comes as a response to earlier court cases that ruled that DARs are beyond the scope of the current law.  The second is a motion (M-506) that calls for support to reform the Copyright Act's fair dealing provision by adding the words "such as" to make the current list of fair dealing categories illustrative rather than exhaustive.  In addition, the motion codifies the six criteria discussed in Canadian caselaw for determining whether a particular use of a work qualifies as fair dealing. 

I'm certainly supportive of Angus' effort to push copyright issues into the spotlight.  I'm particularly supportive of the motion on fair dealing.  The motion states:

Fair Dealing Provisions within the Copyright Act

That, in the opinion of the House, the government should amend section 29 of the Copyright Act in such a way as to expand the Fair Dealing provisions of the act; specifically by deleting section 29. and inserting the words,

29. Fair dealing of a copyrighted work for purposes such as research, private study, criticism, news reporting or review, is not an infringement of copyright.

29.1 In determining whether the dealing made of a work in any particular case is fair dealing, the factors to be considered shall include,

(a) the purpose of the dealing;
(b) the character of the dealing;
(c) the amount of the dealing;
(d) alternatives to the dealing;
(e) the nature of the work; and
(f) the effect of the dealing on the work.

This approach is precisely what thousands of Canadians supported during last summer's copyright consultation.  It strikes the right balance – it's fair dealing, not free dealing – and it is based on current Canadian jurisprudence.  Greater fair dealing flexiblity benefits creators, innovators, educators, and the broader public.  The motion deserves strong support from all parties.

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