Canadian Heritage has posted Osgoode Hall law professor Pina D'Agostino's report on fair dealing and CCH decision.
Post Tagged with: "fair dealing"
61 Reforms to C-61, Day 16: TPMs – No Exception for Fair Dealing
Bill C-61's single biggest failure is the fact that it does not preserve fair dealing in the digital environment. When I posted my fair copyright principles earlier this year, the very first principle was that no MP would "introduce, support, or endorse any copyright bill that, either directly or indirectly, […]
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.
61 Reforms to C-61, Day 5: Time Shifting Provision Subject to the Broadcast Flag
Having discussed the format shifting exception, this series now turns its attention to the time shifting provision (Section 29.23). It should be noted that the legalization of recording television shows is long overdue – I argued for it last year and Canada is more than 25 years behind the United […]
Taking Stock of My Fair Copyright for Canada Principles
Several people have written over the past week to repeat a question that arose regularly last December – "what do you think fair copyright reform looks like?" My 61 reforms to C-61 will address many needed changes to the Prentice bill, but it is simpler to point to the eight key principles that I outlined earlier this year. While I think the principles reflect a balanced approach that is consistent with the underlying values of copyright, only one is fully reflected in Bill C-61. The eight principles with commentary on the impact of C-61:
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