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 […]
Post Tagged with: "Copyright Microsite – About the Canadian DMCA"
The Canadian DMCA: A Summary To-Date
As the likelihood of the introduction of a Canadian DMCA increases, I've received a large number of requests for a brief summary the issue and the mounting concerns. This is not easy given copyright's complexity, but it is important to ensure that more Canadians better understand the issue.
My short version would be that there is concern with what the bill is likely to contain (modeled after the U.S. DMCA which has had a negative effect on innovation, privacy, education, and research), what it is unlikely to contain (nothing on fair dealing, time shifting, device shifting, the private copying levy), and how it came about (no public consultation, strong-armed pressure from the U.S.). As for what reforms we should have, I think my eight Fair Copyright for Canada principles are balanced and meet the goal of complying with the WIPO treaties.
For those that want to dive a bit deeper, I'd recommend the following five posts:
- My Fair Copyright for Canada Principles
- CBC's Search Engine on Copyright Questions for Prentice
- Ten Questions for Prentice
- The Canadian DMCA's Talking Points
- Why Canadian Copyright Is Stronger Than The U.S.
Want to get involved? Here is my list of 30 things you can do, which includes joining the national Fair Copyright for Canada Facebook group and a local chapter. Copyright for Canadians has even more comprehensive list.
Want to dig even deeper?
The Canadian DMCA: A Summary To-Date
As the likelihood of the introduction of a Canadian DMCA increases, I've received a large number of requests for a brief summary the issue and the mounting concerns. This is not easy given copyright's complexity, but it is important to ensure that more Canadians better understand the issue.
My short version would be that there is concern with what the bill is likely to contain (modeled after the U.S. DMCA which has had a negative effect on innovation, privacy, education, and research), what it is unlikely to contain (nothing on fair dealing, time shifting, device shifting, the private copying levy), and how it came about (no public consultation, strong-armed pressure from the U.S.). As for what reforms we should have, I think my eight Fair Copyright for Canada principles are balanced and meet the goal of complying with the WIPO treaties.
For those that want to dive a bit deeper, I'd recommend the following five posts:
- My Fair Copyright for Canada Principles
- CBC's Search Engine on Copyright Questions for Prentice
- Ten Questions for Prentice
- The Canadian DMCA's Talking Points
- Why Canadian Copyright Is Stronger Than The U.S.
Want to get involved? Here is my list of 30 things you can do, which includes joining the national Fair Copyright for Canada Facebook group and a local chapter. Copyright for Canadians has even more comprehensive list.
Want to dig even deeper?
Arthur Ponsonby and the Canadian DMCA
Arthur Ponsonby, the British Under-Secretary of State for Foreign Affairs in the 1920s, is best known for establishing a principle regarding Parliamentary oversight of international treaties. In what later became known as the Ponsonby Rule of 1924, he indicated that his government would table every international treaty before both Houses of Parliament for 21 sitting days before moving forward with ratification (ie. in the period between signing a treaty and ratifying it, Parliament would be given 21 sitting days to review and debate the treaty before formal ratification).
On Friday, Canadian Foreign Minister Maxime Bernier announced that the Conservative government was, effective immediately, implementing the Ponsonby Rule into Canadian practice. The release notes that under the new policy, the House of Commons will be given the chance to examine, debate, or vote on new treaties before ratification and that "the government intends to table all international treaties in the House of Commons before taking further steps to bring these treaties into force." Citing with approval the UK model, the release notes that the Clerk of the House will distribute the treaty and an explanatory memorandum to every MP. It will then observe a waiting period of 21 sitting days before taking any action to bring the treaty into effect. When legislative change is required, the release says that "the government is committed to delaying the legislation until the 21-sitting-day period has passed."
I mention this welcome policy because it would seemingly apply to the WIPO Internet Treaties and the move to ratify them via Industry Minister Jim Prentice's Canadian DMCA.
Arthur Ponsonby and the Canadian DMCA
Arthur Ponsonby, the British Under-Secretary of State for Foreign Affairs in the 1920s, is best known for establishing a principle regarding Parliamentary oversight of international treaties. In what later became known as the Ponsonby Rule of 1924, he indicated that his government would table every international treaty before both Houses of Parliament for 21 sitting days before moving forward with ratification (ie. in the period between signing a treaty and ratifying it, Parliament would be given 21 sitting days to review and debate the treaty before formal ratification).
On Friday, Canadian Foreign Minister Maxime Bernier announced that the Conservative government was, effective immediately, implementing the Ponsonby Rule into Canadian practice. The release notes that under the new policy, the House of Commons will be given the chance to examine, debate, or vote on new treaties before ratification and that "the government intends to table all international treaties in the House of Commons before taking further steps to bring these treaties into force." Citing with approval the UK model, the release notes that the Clerk of the House will distribute the treaty and an explanatory memorandum to every MP. It will then observe a waiting period of 21 sitting days before taking any action to bring the treaty into effect. When legislative change is required, the release says that "the government is committed to delaying the legislation until the 21-sitting-day period has passed."
I mention this welcome policy because it would seemingly apply to the WIPO Internet Treaties and the move to ratify them via Industry Minister Jim Prentice's Canadian DMCA.
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