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

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

Copyright

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.

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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:

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March 1, 2012 9 comments Committees, News

IsoHunt Responds to CRIA’s Copyright Infringement Claims

IsoHunt has submitted its response to CRIA’s copyright infringement claims, arguing that it operates lawfully under Canadian law. The filing helps advance the long-delayed case and confirms yet again that the Canadian music industry legal position in court is that isoHunt is liable for millions in statutory damages under current […]

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March 1, 2012 1 comment News

Canadian Music Industry Takes Aim At Google, Facebook, Reddit & Tech Startups With Bill C-11 Demands

The steady procession of Canadian music industry representatives to the Bill C-11 committee continues today with the Canadian Independent Music Association (CIMA) ready to add to an already long list of industry demands to completely overhaul the bill. The music industry demands keep growing, but CIMA’s list is the most radical to date as it would create liability risk for social networking sites, search engines, blogging platforms, video sites, aggregators, and many other websites featuring third party contributions. If that were not enough, the industry 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. Taken together, the music industry demands make SOPA look like some minor tinkering with the law.

Note that industry had already called for SOPA-style reforms such as website blocking and expanded liability that could extend to sites such as YouTube before the hearings began. This week has seen an industry lawyer inaccurately portray global approaches to digital lock rules and a musician association demand full statutory damages of up to $20,000 per infringement for non-commercial infringements by individuals.

Those demands are nothing compared to what CIMA has in mind, however. Topping the list is a massive expansion of the enabler provision. The music industry wants to remove a requirement that the so-called pirate sites be “designed primarily” to enable copyright infringement. It states:

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February 29, 2012 39 comments News

The Issues Surrounding Subscriber Information in Bill C-30

Christopher Parsons offers a detailed analysis of the issues around subscriber information, providing a persuasive case on the need for court oversight.

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February 29, 2012 2 comments News