Post Tagged with: "copyright for canadians"

61 Reforms to C-61, Day 12: Music Shifting Provision and Private Copying

I noted last week that Bill C-61 creates a legal framework that means that consumers may buy a CD and pay the levy on a blank CD, yet still violate the law if they circumvent copy-controls in order to make a private copy of their purchased CD. There is a second private copying angle that merits analysis. The music shifting provision blocks users from shifting music to their iPod if they borrowed or rented the sound recording to be shifted. However, in what may be a case of bad drafting, the same provision appears to allow users to transfer borrowed or rented CDs to their iPod with one additional step that bring private copying into the picture. The process requires the user to make a private copy of a sound recording onto a blank CD. The private copying system allows for such copies from borrowed or rented CDs. The user then shifts the sound recordings from the private copied CD to their iPod.

This additional step would appear to meet the requirements of the law (Section 29.22(1)), namely:

July 8, 2008 — 10 comments — News

Prentice’s New Non-Communications Strategy

I have blogged in the past about the evolving communication strategy for Industry Minister Jim Prentice and copyright reform. Just prior to the release of the bill, I posted an "unofficial" backgrounder that noted that Prentice was hoping to shuffle the bill to the committee so that he would not […]

July 8, 2008 — 17 comments — News

61 Reforms to C-61, Day 11: Music Shifting Provision Non-Compatible With Online Music Lockers

In recent months there has been growing emphasis on the potential of online music lockers that allow users to access their music from anywhere. Services include MP3Tunes, Musana, and Anywhere.fm. While most of these services rely on the fair use provision in the United States (though Musana is based in […]

July 7, 2008 — 8 comments — News

Canadians Face Triple Lock on Apple iPhone

Amid rumours that Apple is scaling back on its delivery of the iPhone to Rogers, my weekly technology law column (Toronto Star version, homepage version) focuses on the Canadian debut this week of the Apple iPhone. The arrival of a Canadian iPhone is expected to generate long lines at Rogers Wireless stores, though the pre-launch publicity has not been particularly smooth for the company. Its announcement of iPhone service pricing set off a wave of online protest, as consumers noted the absence of an unlimited data plan, higher prices, and longer contractual commitments. The Rogers offer is not particularly surprising. Canada ranks toward the very bottom among developed countries for cellphone penetration as the lack of competition leaves Canadians with some of the highest prices for wireless services in the world. Indeed, Rogers has a monopoly on the iPhone since it is the only Canadian carrier currently capable of carrying the device.

Most of the public criticism has focused on the uncompetitive data rates that render it difficult to maximize the iPhone’s potential. Yet the bigger story is how the Canadian version of the device features a triple lock that is the result of onerous contracts, technological locks, and a legislative proposal from Industry Minister Jim Prentice that simultaneously locks consumers in, while locking the competition out.

July 7, 2008 — 26 comments — Columns

61 Reforms to C-61, Day 10: Music Shifting Provision May Conflict With Computer Backup Systems

The music shifting provision is careful to limit the number of copies that may be shifted to one per device. In particular, the provision (Section 29.22 (1)(c)) states that an individual may reproduce "the sound recording no more than once for each device that the individual owns, whether the reproduction […]

July 3, 2008 — 26 comments — News