Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP

Copyright

Bill C-11 Extremism Continues: The Attack on Fair Dealing

The extremist demands on Bill C-11 are not limited to the music industry’s massive overhaul of Canadian copyright reform that would require Internet providers to block access to foreign sites, take down content without court oversight, and disclose subscriber information without a warrant. Over the past two days, several groups have also taken aim at fair dealing. While those groups start by focusing on the extension of fair dealing in Bill C-11 to include parody, satire, and education, under questioning it becomes clear that they their real target is the full fair dealing provision and the desire to undo the Supreme Court of Canada’s CCH decision.

On Monday, the Writers’ Union of Canada told the committee:

March 7, 2012 — 3 comments — News

U.S. Says Canada Will Not Have A Say in the TPP

At a stakeholder meeting yesterday, the U.S. Trade Representative indicated that Canada would not have a voice in negotiating the Trans Pacific Partnership. The USTR has adopted the position that late entrants such as Canada, Japan, and Mexico will have to take the agreement “as is”, potentially including copyright term […]

March 7, 2012 — 5 comments — News

Canadian Heritage: Why Statutory Damages Do Not Belong in Bill C-11’s “Enabler” Provision

The “enabler provision” has emerged as one of the major demands by copyright lobby groups, who want to see significant expansion of the current provision by including SOPA-style reforms that could target sites such as Youtube. In fact, the music industry has gone even further with demands that could create liability risk for social networking sites, search engines, blogging platforms, video sites, and many other websites featuring third party contributions. Jason Kee of the Entertainment Software Association of Canada argues that unless the enabler provision is expanded “the provision is useless.” All of these demands come despite the fact that the industry is using existing law to sue isoHunt for millions of dollars under current copyright law.

In addition to expanding the provision, the same groups want to add statutory damages to the mix (the music industry recently argued that statutory damages should be unlimited). Yet a June 2010 letter to SOCAN from Canadian Heritage Minister James Moore’s department indicates it is opposed to the change since it stems from a lack of understanding about how statutory damages work. The letter states:

March 6, 2012 — 7 comments — News

Canadian Music Industry Wants Its Own Lawful Access: Subscriber Disclosure Without a Court Order

Last week I wrote about the astonishing demands of the Canadian music industry as it seeks a massive overhaul of Bill C-11, the copyright reform bill. The Canadian Independent Music Association is seeking changes to the enabler provision that would create liability risk for social networking sites, search engines, blogging platforms, video sites, and many other websites featuring third party contributions. If that were not enough, it is also calling for a new iPod tax, an extension in the term of copyright, a removal of protections for user generated content, parody, and satire, as well as an increase in statutory damage awards.

CIMA and ADISQ, which represents the Quebec music industry, appeared before the C-11 committee last week and the demands only seemed to increase. For example, ADISQ is asking the government to add a requirement for Internet providers to disclose customer name and address information to copyright owners without court oversight. Conservative MP Paul Calandra rightly noted the obvious parallels to Bill C-30, where the government wants similar disclosures to law enforcement. In this case, however, ADISQ wants the information disclosed to a private party based on nothing more than an allegation of infringement. Calandra’s comments suggest that the government recognizes the dangers of such an approach.

The proposed lack of due process is not limited to the disclosure of subscriber information. During its appearance, CIMA said it wanted a takedown system without any due process.

March 5, 2012 — 45 comments — News

Assessing ACTA: My Appearance Before the European Parliament INTA Workshop on ACTA

The Anti-Counterfeiting Trade Agreement has mushroomed into a massive political issue in Europe in recent weeks with protests in hundreds of cities across the continent. Much of the focus has been on whether the European Parliament will give its approval to the agreement. The focal point of attention within the EP has been on the INTA committee, which holds a public workshop on the issue today. Interest in the workshop has been incredible – there are apparently 800 registrants with thousands more expected to watch the live stream.

Several months ago, I was approached to write one of several reports for the ACTA workshop. The report will be made public in the next couple of weeks, but I’ll be on the workshop’s first panel (along with Trade Commissioner Karel De Gucht and Professor Christophe Geiger) to discuss my report and the agreement. The panel starts at 9:15 ET. I only have ten minutes for opening remarks, so the comments target a few of the findings from the report. A transcript of my planned remarks is posted with EP permission below:

March 1, 2012 — 9 comments — Committees, News