The National Post reports that the Canadian DMCA, which may be introduced tomorrow, will include a "personal use download" fine of $500. The front page story indicates that the fine (presumably a new form of statutory damage award) could be awarded on a per infringement basis, leading the possibility of […]
Post Tagged with: "Copyright Microsite – About the Canadian DMCA"
The Unofficial Canadian DMCA Background Document
Multiple sources advise that Industry Minister Jim Prentice's current plan is to introduce the Canadian DMCA this week, likely on Wednesday. While things could change, it would appear that Prentice's communication strategy is to do as little communicating as possible. Plans for a possible press conference have apparently been put on hold given concerns that the press might actually ask questions and Prentice has even entertained thoughts of shuffling the bill quickly to a committee for summer hearings so that he would not have to deal with the issue all summer long. The Minister will also head for Japan and South Korea late the following week as part of the OECD Future of the Internet Economy conference, so out-of-sight, out-of-mind.
What do we get instead? Likely a press and MP briefing in a lockup just prior to the release of the bill, which will probably happen later in the afternoon (government bills are tabled after 3:00 on Wednesdays) to minimize the opportunity for critical comment in the immediate news cycle. While Prentice presumably hopes that this is a one-day story, my guess is that he is wrong. There is no local open house this time round, but Prentice is planning his annual Calgary Stampede breakfast for July 5th. Further, the OECD is inviting anyone to pose comments or questions about the Internet directly to the Minister on its YouTube page with the Ministers asked to react to the best videos at the OECD conference in South Korea.
Given the apparent effort to control the media spin, I thought it would be useful to anticipate the likely talking points in the Canadian DMCA backgrounder along with a broader perspective featuring things Prentice probably won't say. These include:
The Unofficial Canadian DMCA Background Document
Multiple sources advise that Industry Minister Jim Prentice's current plan is to introduce the Canadian DMCA this week, likely on Wednesday. While things could change, it would appear that Prentice's communication strategy is to do as little communicating as possible. Plans for a possible press conference have apparently been put on hold given concerns that the press might actually ask questions and Prentice has even entertained thoughts of shuffling the bill quickly to a committee for summer hearings so that he would not have to deal with the issue all summer long. The Minister will also head for Japan and South Korea late the following week as part of the OECD Future of the Internet Economy conference, so out-of-sight, out-of-mind.
What do we get instead? Likely a press and MP briefing in a lockup just prior to the release of the bill, which will probably happen later in the afternoon (government bills are tabled after 3:00 on Wednesdays) to minimize the opportunity for critical comment in the immediate news cycle. While Prentice presumably hopes that this is a one-day story, my guess is that he is wrong. There is no local open house this time round, but Prentice is planning his annual Calgary Stampede breakfast for July 5th. Further, the OECD is inviting anyone to pose comments or questions about the Internet directly to the Minister on its YouTube page with the Ministers asked to react to the best videos at the OECD conference in South Korea.
Given the apparent effort to control the media spin, I thought it would be useful to anticipate the likely talking points in the Canadian DMCA backgrounder along with a broader perspective featuring things Prentice probably won't say. These include:
What Prentice Could Say to the U.S.
There is little doubt that Industry Minister Jim Prentice's determination to introduce a Canadian DMCA over the objection of business, consumer, and education groups is driven, at least in part, by pressure from the United States. The U.S. argues that Canada must follow its DMCA model in order to implement the WIPO Internet treaties. Interestingly, according to documents I recently obtained under the Access to Information Act, the U.S. Copyright Office privately criticized the Canadian government in 2005 over Bill C-60, claiming it did not meet the U.S. standard. Canadian officials within the Department of Canadian Heritage proposed the following response to criticisms that the legislation did not cover devices that can be used to circumvent TPMs and preserved fair dealing:
Canadian DMCA On Hold?
Rumours tonight indicate that the government has again decided to delay introducing the Canadian DMCA. With the House of Commons off next week and the budget coming the following week, if this is true it would appear that there will be no copyright legislation for at least another month (assuming […]
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