Two of Canada’s largest music copyright collectives warned the Bill C-32 committee against digital locks, arguing that it was unrealistic to think that the implementation of digital lock rules would increase music industry revenues. While there is much to take issue with in the CMRRA and SODRAC submission, the following […]

Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Copyright
Behind the Scenes of Bill C-32: Music Copyright Collectives Say Digital Locks Won’t Increase Revenue
Behind the Scenes of Bill C-32: The Committee Submissions
Given the number of submissions, it should come as no surprise to find that there is at least one group or person who criticizes every proposed reform and at least one that supports it. In fact, this was part of the plan. According to documents obtained under the Access to Information Act, department officials developed their committee witness list with a requirement that “at least one witness will strongly support every provision in the Bill” and a preference for witnesses “that have expressed an overall positive view”(though it recognized some may have negative views on certain aspects of the bill).
A full chart of the submissions is posted below and available for download here. There is also a second chart that tracks the submissions based the specific provision available here. Digital locks are easily the top issue raised in the submissions with many submissions calling on the government to ensure that digital locks do not trump fair dealing or that the prohibition on circumvention should be linked to infringement. In addition to many individuals, group submissions supporting this position include:
Copyright is Back as Bill To Be Tabled on Thursday
Copyright reform is back as the government has placed the copyright reform bill on the notice paper. It is scheduled to be introduced on Thursday, alongside the privacy reform bill that also died with the March election call.
Behind the Scenes of Bill C-32: Govt’s Clause-By-Clause Analysis Raises Constitutional Questions
There are few surprises here as the document provides a helpful analysis of the bill from the government’s perspective. The exhaustive review provides a striking reminder that the government is extending liability under the Copyright Act for activities that may not even infringe copyright, thereby raising questions about the constitutionality of some provisions. This is the result of the digital lock rules, which necessitated a change in the infringement provision. The rationale notes (page 708):
The Bill introduces new causes of action (such as those relating to TPMs and RMIs) that could be used in civil lawsuits regardless of whether or not there has been an infringement of copyright.
The discussion on the digital lock provisions also emphasize that the defences to copyright infringement are not available for circumvention of a digital lock (page 718):
Generally, an owner of copyright in a work or other subject matter for which this prohibition has been contrevened has the same remedies as if this were an infringement of copyright (proposed s.41(2)). However, a contravention of this prohibition is not an infringement of copyright and the defences to infringement of copyright are not defences to these prohibitions.
The government’s own words on the digital lock provision confirm that they may be unconstitutional since they fall outside the boundaries of copyright.
Copyright Board Rejects Bid For Transactional Licences
The Copyright Board of Canada has rejected a request by the AUCC to require Access Copyright to issue transactional or pay-per-use licences. The refusal to issue such licences, which reflect an effort by universities to license the use of works, is likely to lead to universities seeking new alternatives for […]