Post Tagged with: "fair dealing"

Tracking the Copyright Consultation Roundtables: Fair Dealing Emerges As Top Issue

The copyright consultation roundtables have now passed the midway point with five completed (there may be as many as four still to go – Edmonton, Quebec City, and Toronto are confirmed, Peterborough is also apparently on the list).  With many of Canada's big copyright groups having already appeared, it is worth taking stock of where things stand. 

While there have been many issues raised – everything from ending crown copyright to reforms to photographer provisions – four in particular have dominated.  First, there has been more support for extending fair dealing than any other issue.  Over 20 participants have cited the need for expanding fair dealing, most calling for a much broader approach.  There have been just a handful of opponents to this approach, primarily from the publishing and copyright collectives.

Second, the need to implement the WIPO Internet treaties has been raised repeatedly.  Of course, WIPO implementation on its own doesn't say much – the key question is whether to adopt a C-61 style approach or a more flexible C-60-like approach on the anti-circumvention provisions.  Thus far, there has been more support for linking anti-circumvention legislation to actual copyright infringement than for the C-61 DMCA-style model.

Third, there has been a steady stream of support for new levies and fees to compensate online copying.  This has taken the form of an ISP levy for legalized P2P, an expanded private copying levy, or broader collective licencing schemes.  This support derives primarily from the collectives and some artists groups.

Fourth, the role of intermediaries has come up frequently.  ISPs and consumer groups have expressed support for the notice-and-notice system found in both C-60 and C-61.  Others have called for notice-and-takedown, while yet others have hinted (or directly called for) a three-strikes system.

The chart below highlights the 64 organizations and individuals that have participated in the roundtables along with their key messages.

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August 13, 2009 Comments are Disabled Stop CDMCA

Writers’ Union of Canada Chair on Copyright Reform

In a letter to the editor at the Globe, the Erna Paris rejects fair dealing, saying instead "the government must legislate a win-win system of collective licensing." Update: Note that Ms. Paris has posted a comment in this thread clarifying that the Writers Union does not reject fair dealing as […]

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August 7, 2009 16 comments News

Parody and Copyright: In the Government’s Own Words

David Akin has unearthed a revealing memorandum from last spring that states the government's view on the protection of parody and satire under Canadian copyright law as well as highlighting one of the issues raised at the highest levels of the government before the introduction of Bill C-61. On the […]

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August 3, 2009 6 comments News

“Fair Dealing Is Not For Sale”

Laura Murray posts a copy of her exceptional remarks at the Gatineau copyright consultation roundtable.

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July 31, 2009 Comments are Disabled News

Copyright Board Releases Educational Copyright Decision

The Copyright Board of Canada has released its long delayed decision on photocopying in primary and secondary schools.  There are two ways of looking at these decisions – the dollar amount of the tariff and the reasoning.  The dollar amount in this case is big – jumping from the current fee of $2.45 per full-time student (FTE) to $5.16 per FTE.  Note that this goes back to 2005 (although the back pay will be set at $4.64 per FTE), so this represents a huge additional cost to Canadian education and a major source of revenue for Access Copyright.  The Board goes through a detailed analysis of how it arrived at this figure, but at the end of the day, it feels like that it simply split the difference between the two sides.  Access Copyright was seeking $8.92, while the schools argued for $2.43 – that averages to $5.67 per FTE and the Board's award is just below that figure. Whether this is just coincidental or by-design, the current system encourages big requests which set a framework for "reasonableness" that can result in major increases in royalties. 

The core aspect of the reasoning is the Board's assessment of fair dealing.  

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June 26, 2009 5 comments News