Post Tagged with: "fair dealing"

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 […]

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June 27, 2008 13 comments News

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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June 25, 2008 11 comments News

FSAC “Dismayed” By Copyright Reform

The Film Studies Association of Canada, a national scholary association, has released a detailed statement on Canadian copyright reform, expressing their dismay at Bill C-61.  The FSAC notes that the bill "will seriously threaten educational and scholarly rights, limiting access to copyrighted material and eroding academic protections offered by the […]

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June 25, 2008 Comments are Disabled News

Canadians Stuck With Analog Rights in a Digital World

My weekly technology law column (Toronto Star version, Ottawa Citizen version, Vancouver Sun version, homepage version) notes that earlier this month, some fans of the NBC television programs American Gladiators and Medium found themselves unable to digitally record the shows on their personal computers.  The reason for the blocked recordings raises important technical and legal questions about the rights of consumers to "time shift" television programs in the digital era. The blocked recordings affected people that record television programs on their personal computers using the Microsoft Windows Vista Media Centre.  Most people are unaware that Microsoft has inserted a feature that allows a broadcaster or content owner to stop the digital recording of a show by triggering a "broadcast flag" that specifies its preference that the show not be recorded.  When the user tries to record it, Microsoft’s software recognizes the flag and issues a warning that the program cannot be recorded.

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May 28, 2008 10 comments Columns

Copyfight at the Library of Parliament Committee

It looks like Industry Minister Jim Prentice has yet another group that will be unhappy with his forthcoming copyright bill – the Library of Parliament.  Macleans Kady O'Malley live-blogged a committee hearing today (short summary here) during which a fight over copyright broke out.  The Library called for a special […]

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May 15, 2008 5 comments News