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

Documentary Organization of Canada on C-32’s Digital Lock Rules: Denies Our Freedom of Speech

The Documentary Organization of Canada appeared before the C-32 committee last week and gave a strong presentation on the need for anti-circumvention exception for fair dealing, noting that the current approach raises free speech concerns: The intersection of fair dealing and documentary production has been at the heart of DOC’s […]

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February 23, 2011 11 comments News

IMSLP Faces Renewed Pressure From European Publishers

IMSLP, the International Music Score Library Project, is back in the news as the NY Times covers its popularity and pressure from some music score publishers. The site attracted significant attention in 2007 when it received takedown threats from some European publishers.  Note that contrary to the NY Times characterization […]

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February 22, 2011 1 comment News

CETA and Copyright: My Appearance Before the Standing Committee on International Trade

This week I was invited to appear before the Standing Committee on International Trade to discuss the ongoing negotiations of the Canada – European Union Comprehensive Trade Agreement (CETA). I’ve written about some concerns associated with CETA in the past (here, here, here, and here). The appearance comes just as speculation mounts that CETA is running into significant barriers with opposition from many groups and a lack of strong support at the provincial level.  While a trade deal that focuses on traditional trade barriers may make sense, the EU’s effort to re-write Canadian regulatory policy on issues such as intellectual property is why the deal should be scrapped or slimmed down.  My opening comments before the committee:

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February 18, 2011 13 comments Committees, News

Copyright Lobby Group Makes the Case for Flexible Digital Lock Rules

The International Intellectual Property Association, which represents large copyright lobby groups such as the RIAA, MPAA, BSA, and ESA, has released its annual report on the state of intellectual property protection in dozens of countries around the world. The report is designed to convince the U.S. government to place countries on the “Special 301 watchlist”. Canada is regularly cited, though Canadian officials have noted:

In regard to the watch list, Canada does not recognize the 301 watch list process. It basically lacks reliable and objective analysis. It’s driven entirely by U.S. industry. We have repeatedly raised this issue of the lack of objective analysis in the 301 watch list process with our U.S. counterparts.

This report is what Canadian officials have in mind when they talk about it being driven entirely by U.S. industry. There are many aspects worth noting in this year’s report – the criticism of countries like Vietnam and the Philippines for encouraging the use of open source software (the Vietnamese program was established to help reduce software piracy), the criticism of Bill C-32’s digital lock provision that allows cabinet to establish new exceptions (the IIPA would like any new exceptions to be both limited and for a limited time), and the near universal demand that countries spend millions of public dollars on increased policing, IP courts, and public education campaigns.

Of particular note, however, is the fact that the IIPA report provides a fairly convincing case that there is considerable flexibility in implementing the WIPO Internet treaty anti-circumvention rules.

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February 17, 2011 8 comments News

Pulling a Fast One?: Who Is Really Hurt By C-32’s Missing Fair Dealing Circumvention Exception

For the past two Bill C-32 committee meetings, Conservative MP Ed Fast, a new member of the committee, has emerged as an important questioner. Fast has focused on the digital lock rules with several exchanges that defend the government’s approach. While dozens of groups (including education, consumer groups, libraries, archivists, retailers, and technology companies) have called for a link between circumvention and copyright infringement, Fast believes that opening that door would effectively eliminate the use of digital locks. 

For example, yesterday he asked the Canadian Federation of Students how it could justify “eliminating digital locks altogether by allowing circumvention for fair dealing purposes?” Last week, he had a similar exchange with the Canadian Civil Liberties Association, stating “my concern is if you go that extra step and allow circumvention for fair dealing, you’ve now made it so much more easy to actually allow the cheaters to undermine the system, where digital locks become absolutely meaningless.”

Fast has clearly given some thought to the digital lock issue, but he is wrong that linking circumvention to actual copyright infringement would render digital locks irrelevant. 

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February 16, 2011 23 comments News