Post Tagged with: "Copyright Microsite – About the Canadian DMCA"

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 […]

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July 3, 2008 26 comments News

61 Reforms to C-61, Day 9: Music Shifting Subject To Anti-Circumvention Limitation

Having reviewed the format and time shifting provisions, I now turn to the music shifting provisions (Section 29.22).  Industry Minister Jim Prentice has heavily promoted these provisions as he assures Canadians that they can now shift music from CDs to their iPods. The provision has faced significant criticism from all sides, however.  The Canadian Private Copying Collective is livid at the change, arguing that it will "rob creators of their rights, denying them compensation for this use of their work."  In what sounds a lot like consumer group complaints, the CPCC adds that they were not consulted on the issue and that an open consultation is needed.

From the consumer perspective, the provision does not go far enough.  I think it is fair to say that most consumers believe that if they have paid for a song, they should have the right to listen to it on the device of their choice without further compensation (CRIA seemingly agrees).  Such uses should be considered fair uses and the value of listening to a song on multiple devices can be built into the initial purchase price.

Yet the music shifting provision is subject to some significant limitations that undermine their fairness. 

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July 3, 2008 39 comments News

CNA Expresses Concern With Press Freedoms Under C-61

The Canadian Newspaper Association has issued a position paper with its views on C-61.  While the paper addresses several issues, its concerns with the anti-circumvention provisions are the most striking.  The CNA notes that:

Bill C-61 makes it an offence to bypass any technological protection used on Internet sites. This is not normally an issue for newspaper public sites, but might apply to sites requiring registration, and to paid archive services. While this is positive for rightsholders seeking to protect content from unauthorized access, it could have implications on newsgathering, news reporting, and press freedom broadly, as is shown in the discussion below.

Under section 29.2 of the current legislation, there is a fair dealing defence to copyright infringement for news reporting. As drafted, Bill C-61 throws up roadblocks. For instance, if documents are encrypted, it will be illegal to break the encryption. This means that journalists who come across or are sent electronic documents (for example from a whistleblower) may be unable to use them without incurring very significant liability, even though there are no barriers on using the same materials in print format. It might also mean that citing video or other content from a digitally protected work (say, a DVD movie in which a newsmaker once appeared) could incur liability.

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July 2, 2008 9 comments News

61 Reforms to C-61, Day 8: Time Shifting Provision’s Time and Copy Limits

The time shifting provision in C-61 also contains time and copy limits – Canadians may keep "the recording no longer than necessary in order to listen to or watch the program at a more convenient time" and may not make more than one recording of the program.  While it is […]

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July 2, 2008 6 comments News

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