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

Deadline Day To Speak Out on TPP’s Copyright Term Extension

While many will be focused on the return of lawful access, today is also the deadline for submissions to the government’s public consultation on Canadian entry into the Trans Pacific Partnership negotiations. As I noted in earlier posts (here, here, here, and here), the TPP would have enormous implications for Canadian copyright law – the Globe’s John Ibbitson described as surrendering Canadian copyright sovereignty – as it would require stricter digital lock rules, extend the term of copyright, and mandate new Internet provider liability provisions. 

I’ve posted my submission, which includes comments on the lack of transparency with the TPP negotiations, digital locks, Internet provider liability, and copyright term, below. Another submission focused on the public domain comes from Dr. Mark Akrigg, Founder, Project Gutenberg Canada.

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February 14, 2012 3 comments News

Bill C-11 and the Hazards of Digital Lock Provisions

The Electronic Frontier Foundation has a pair of excellent posts on Bill C-11 and the dangers of the digital lock rules. The first focuses specifically on digital lock rules and the second on U.S. pressure on Canadian copyright reform.

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February 13, 2012 1 comment News

Canadian Media Coverage Of Mounting C-11 Protests

The Canadian media has picked up on the mounting protests over part of Bill C-11.  Recent coverage includes the Vancouver Sun, Straight.com, and Radio-Canada.

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February 13, 2012 Comments are Disabled News

Can You Hear Us Now?

The second reading debate on Bill C-11 will conclude today with the bill headed to committee for further hearings and possible amendment. Yesterday, the Globe published an opinion piece by Peter Nowak that juxtaposes the widespread consultation on copyright reform in Canada with digital lock provisions that “wilfully ignores” public opinion. Nowak notes how the U.S. ultimately responded to public concern in stopping SOPA, while the same appears to be happening in Europe as protests over the Anti-Counterfeiting Trade Agreement continue to grow (there are continent-wide protests planned for February 11th).

One of my posts this week focused on concerns that Industry Minister Christian Paradis has said he cannot speculate on how Bill C-11’s digital lock rules will be enforced. The post identifies numerous examples of how the rules could harm creators, students, researchers, consumers, and even the visually impaired (further background information on Bill C-11 here and here). Yet these concerns are not new and have been raised for several years. Indeed, it is instructive to see how the public concern over the digital lock rules and now possible inclusion of SOPA-style amendments has mushroomed over the years.

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February 10, 2012 46 comments News

Canadian Government Has Consulted on Copyright but Won’t Consider How Its Law Will Be Enforced

The government imposed time allocation yesterday on Bill C-11, a move that will wrap up second reading debate on the copyright reform bill on Friday and send it to the Bill C-11 committee soon thereafter. While the government’s overuse of time allocation is certainly a concern, the debate is not over and several well coordinated tweets of support hardly mask the huge public concern with the bill’s digital lock rules and proposed SOPA-style amendments proposed by several copyright lobby groups that has generated tens of thousands of emails to MPs in recent days. As described further below, the opposition stems from rules that will have an impact on the legitimate activities of millions, creating barriers to creators, students, journalists, researchers, and the visually impaired.

During yesterday’s debate, several Conservative MPs emphasized that the copyright bill is one of the most consulted pieces of legislation in recent memory.  For example, Canadian Heritage Minister James Moore stated “this is my 12th year as a member of Parliament and I can tell her that except for the Liberal government’s Bill C-2, the response to 9/11, this legislation will have had more consideration at a stand-alone legislative committee and parliamentary and public consideration with all of the tens of thousands of submissions we received from Canadians in person and in writing and the consultations we did across the country before we drafted the bill.”

The government is right when it says there has been wide consultation (a recap of the 2009 copyright consultation here). The question is whether it has taken the public comments into account and conducted a full analysis of the implications of its current proposal. There is reason to believe that it has not.

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February 9, 2012 19 comments News