Post Tagged with: "fair dealing"

61 Reforms to C-61, Day 46: Education Harms – Lesson Provisions Only Extend To Limited Exceptions

With the school year set to resume in just over a week, the 61 reforms series turns to the education concerns associated with Bill C-61. Statistics Canada confirmed last fall that the Internet is changing the face of Canadian education by altering the ways students conduct their research or participate in distance learning.  This is particularly true for students from rural or small-town communities, who increasingly depend on the Internet for electronic distance learning.  Many in the education community have reacted with alarm at C-61 including the Canadian Association of University Teachers, the Canadian Federation for the Humanities and Social Sciences, and the Canadian Federation of Students.  Moreover, University executives are beginning to speak out as well – Athabasca University Vice-President of Research Rory McGreal recently published an op-ed that warned that "the proposed new Bill C-61 will have profound negative effects on researchers and educators as well as the general public."

A particular sore point is the bill's treatment of "lessons."  While the provisions purport to provide the education community with new rights to faciliate distance learning, these provisions are stunningly arcane and practically worthless. 

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August 25, 2008 9 comments News

Canadian Heritage Publishes Fair Dealing Report

Canadian Heritage has posted Osgoode Hall law professor Pina D'Agostino's report on fair dealing and CCH decision.

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August 7, 2008 1 comment News

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, […]

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July 14, 2008 3 comments News

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.

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July 2, 2008 9 comments News

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