Post Tagged with: "esa"

copy culture by Will Lion (CC BY-NC-ND 2.0)

When is a Copy not a Copy?: Technological Neutrality at Stake at the Supreme Court of Canada

The Supreme Court of Canada heard arguments yesterday in the copyright case of CBC v. SODRAC. While the case was ultimately about whether CBC should be required to pay royalties for incidental copies necessary to use new broadcast technologies, at stake was something far bigger: the future of technological neutrality under Canadian copyright law.

CBC argued that technological neutrality means that it should not pay for incidental copies since it already pays for the use of music in broadcasts. The incidental copies – copies which are made to create the final broadcast version of a program (including copies from the master to a content management system or other internal copies to facilitate the broadcast) – do not generate revenue and are simply made to facilitate use of the music that is paid for through a licence. SODRAC, a Quebec-based copyright collective, countered that CBC had always paid for these copies and that the CBC argument was the reverse of technological neutrality, since it wanted to avoid payment in the digital world for copies that were being paid for with earlier, analog technologies.

The case emerged as an important one when the question of the meaning of technological neutrality took centre stage. That elicited interveners such as Music Canada, which argued for a narrow interpretation of the principle, claiming that it was just an “interpretative metaphor” (similar arguments about users’ rights being no more than a metaphor were rejected by the Supreme Court in 2012). The danger in the case from a technological neutrality perspective is that the Supreme Court could roll back its finding that technological neutrality is a foundational principle within the law. Moreover, if the court were to rule that all copies – no matter how incidental – are copies for the purposes of the Copyright Act, there would be the very real possibility of payment demands for the myriad of copies that occur through modern technologies.

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March 17, 2015 28 comments News

ESA Applauds RCMP IP Enforcement Work

The Entertainment Software Association has applauded the RCMP for its work in targeting infringing activities at the Pacific Mall, just north of Toronto.  The actions come despite repeated unfounded claims that Canada is a "piracy haven."

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November 11, 2009 1 comment Must Reads

Industry Canada Proposes Changes to Spam Bill as Lobbyists Demand More

Earlier this week, I wrote about the mounting lobbyist pressure to water down Bill C-27, Canada's anti-spam bill.  The pressure in recent hearings has been intense – Amazon was generally supportive of the bill but still sought an implied consent for existing customers for five to seven years (in other words, seven years to simply ask if the customer wants to receive future emails), the Entertainment Software Association and the Canadian Intellectual Property Council teamed up to warn that the bill would put Canada at a competitive disadvantage, and the Canadian Bankers Association called on the Industry Committee to completely gut the bill by dropping opt-in consent and the private right of action provisions.

Yesterday I attended the last committee meeting before clause-by-clause review as government officials appeared to propose reforms and address committee concerns.  The meeting showed the lobbying efforts are bearing fruit as officials proposed 40 changes to the bill.  While some are technical, there are several significant suggested reforms.  Moreover, the lobbying continued, as Liberal and Bloc MPs appeared to work actively to raise lobbyist issues.

First, the proposed reforms, which include:

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October 8, 2009 9 comments News

Geczy’s Open Letter to the Entertainment Software Association of Canada

George Geczy, owner of Battlegoat Studios, an independent game software developer, with an open letter to the Entertainment Software Association of Canada on copyright reform.

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September 16, 2009 3 comments Must Reads

Danielle Parr on Anti-Circumvention Legislation

Danielle Parr, executive director of the Entertainment Software Association of Canada, posts an op-ed in the Georgia Straight calling for strong anti-circumvention legislation.

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August 21, 2009 5 comments Must Reads