Fair Dealing by Giulia Forsythe (CC BY-NC-SA 2.0) https://flic.kr/p/dRkXwP
Given the recent discussion, this lengthy post [also available as a PDF] seeks to clear up the confusion with an opening basic introduction to fair dealing and the proposed reforms followed by answers to many of the questions that have been raised over the past few months (a similar review of the digital lock rules can be found here [PDF]).
Bill C-32 and Fair Dealing – The Basics
Earlier today I walked a few blocks from my office to Ottawa’s Rideau Centre to attend a press conference with Industry Minister Tony Clement and Canadian Heritage Minister James Moore, who promised an important announcement. The two ministers stood in front of an HMV and a group of students wearing t-shirts with No iPod tax logos on the back to declare that they were firmly set against a massive new tax on technology for all the holiday shoppers in the mall. The Ministers claimed that all three opposition parties supported a tax of up to $75, which (reminiscent of the Dion “tax on everything” campaign) would apply to all technology devices and even cars.
The press conference suggests that opposition to extending the private copying levy may be the key positioning point for the government in support of Bill C-32. Rather than focusing on the bill’s actual provisions, the government will argue that the bill deserves support from the public because of what isn’t there – the levy extension. However, an alternate press conference might have featured the following script (the actual script is here):
The Commission considers that Australia should not generally seek to include IP provisions in further BRTAs, and that any IP provisions that are proposed for a particular agreement should only be included after an economic assessment of the impacts, including on consumers, in Australia and partner countries. To safeguard against the prospect that acceptance of ‘negative sum game’ proposals, the assessment would need to find that implementing the provisions would likely generate overall net benefits for members of the agreement.
Today’s Bill C-32 Legislative committee hearing, which featured only two witnesses, may have marked a new low given the amount of confusion and misinformation coming from MPs and witnesses. The panel should have delivered a good debate on C-32 and fair dealing given the presence of the Canadian Teachers Federation […]
As the fight over the proposed Access Copyright interim tariff heats up (Howard Knopf offers links to must-read submissions from many objectors), more Canadian schools are gearing up for life without the copyright collective. Medicine Hat College posted a notice about leaving on Friday, while Ryerson has advised faculty that […]
Government Seeks To Exempt Political Parties From Privacy Laws Even As CRTC Reports They Are Leading Source of Spam Complaints 
The Law Bytes Podcast, Episode 236: Robert Diab on the Return of Lawful Access 
Government Remains Silent as it Eviscerates Political Party Privacy in Canada By Fast Tracking Bill C-4 
Quebec’s Streaming Regulation Bill 109: Unconstitutional, Unnecessary, and Unworkable 
Why the Government’s Plan for Warrantless Access to Internet Subscriber Information Will Lead to Millions of Disclosure Demands Each Year
Michael Geist
mgeist@uottawa.ca
This web site is licensed under a Creative Commons License, although certain works referenced herein may be separately licensed.
