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

Copyright

Leaving Millions on the Table: Pandora and Canadian Music

Pandora, the popular U.S. online music service filed for an initial public offering last week, provided new insight into hugely popular company that spends millions of dollars in copyright royalties. Pandora users listened to a billion hours of music in the last three months of 2010. Given U.S. laws, the […]

February 15, 2011 — 9 comments — News

Weak Copyright Laws? Recording Industry Files Massive Lawsuit Against isoHunt

As the debate over Canada’s copyright reform legislation, Bill C-32,continues to rage before a legislative committee, one of the most frequently heard claims is that tough reforms are needed to counter Canada’s reputation as a “piracy haven”. The presence of several well-known BitTorrent sites, most notably B.C.-based isoHunt, is cited as evidence for Canada’s supposedly lax laws that the industry says leaves it powerless.

When the bill was first introduced last June, the Canadian Recording Industry Association stated that “stronger rules are also needed to rein in Canadian-based peer-to-peer websites, which, according to IFPI,have become ‘a major source of the world’s piracy problem’.”

Politicians have taken note of the concerns. Industry Minister Tony Clement said the new bill will target “wealth destroyers” and Liberal MP Dan McTeague has lamented that “the very existence of an isoHunt in Canada is problematic and is very much the result of what appears to be a legislative holiday for companies and other BitTorrent sites.”

While the notion of a “legislative holiday” appears to be the impetus for some of the provisions on Bill C-32, my weekly technology law column (homepage version, Toronto Star version) notes that what is left unsaid – and thus far unreported – is that 26 of the world’s largest recording companies launched a multi-million dollar lawsuit against isoHunt using existing Canadian copyright law just three weeks before the introduction of the bill [PDF of May 2010 claim, PDF of August 2010 amended claim].

February 14, 2011 — 29 comments — Columns

Weak Copyright Laws? Recording Industry Files Massive Lawsuit Against isoHunt

Appeared in the Toronto Star on February 13, 2011 as Is the Best Copyright Law the Old One? As the debate over Canada’s copyright reform legislation, Bill C-32, continues to rage before a legislative committee, one of the most frequently heard claims is that tough reforms are needed to counter […]

February 14, 2011 — Comments are Disabled — Columns Archive

Canadian Council of Archives on C-32: Digital Lock Rules Disastrous For Long-Term Access

The Canadian Council of Archives, a national non-profit organization dedicated to nurturing and sustaining the nationwide efforts of over 800 archives across Canada, has submitted a brief to the C-32 legislative committee and requested an opportunity to appear. While the CCA brief (~~not yet online~~) touches on several issues, including photographs and orphan works, its comments on the digital lock rules are particularly noteworthy:

Bill C-32 prohibits the circumvention of TPMs for legal purposes such as preservation activities used by archivists to protect the documentary heritage of Canada. This is completely unacceptable and is a matter of very grave concern to the Canadian archives community in the digital environment where obsolescence is both rapid and disastrous for long-term access. The CCA recommends that Bill C-32 be amended to provide that circumvention of TPMs is prohibited only when the circumvention is for the purpose of infringing copyright and that circumvention tools and services should be available for non-infringing uses.

February 10, 2011 — 10 comments — News

Canadian Bar Association Speaks Out On Bill C-32

The Canadian Bar Association, which represents 37,000 lawyers, law professors, and students from across the country, has released an important submission on Bill C-32. The submission, which was approved as a public statement by both the National Intellectual Property and the Privacy and Access Law Sections of the CBA, does a nice job setting out the debate over Bill C-32 (I was once a member of the CBA’s Copyright Policy section but was not involved in the drafting of the Bill C-32 document).

The CBA submission is notable as a strong counter to the frequent attempts to characterize critics of digital lock rules or other elements of the bill as “anti-copyright.” Far from the claims that there is near unanimity in support of DMCA-style reforms, the CBA submission confirms that the legal experts who work on copyright issues on a daily basis are deeply divided on many issues. In fact, the CBA submission opens by noting:

The Intellectual Property and the Privacy and Access Law Sections of the Canadian Bar Association (CBA Sections) are pleased to comment on Bill C-32, the Copyright Modernization Act. Copyright is a controversial subject and engages the interests of a wide cross-section of Canadians. This includes copyright owners, who run the gamut from large entertainment conglomerates to self-employed artists, and copyright users, who include everyone from broadcasting corporations to teenagers downloading music in their parents’ basements. The copyright bar, similarly, holds a multiplicity of perspectives on copyright.

February 8, 2011 — 13 comments — News