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

Copyright

Bill C-32: My Perspective on the Key Issues

With the House of Commons back in session this week, there has been growing speculation that Bill C-32, the copyright reform bill, will emerge as a government priority. Given the rhetoric we’ve seen over the past three months, it seems likely that proponents of the digital lock approach will seek to paint critics as anti-copyright, pirates, and radical extremists. While the rhetoric may seek to delegitimize consumers and many Canadians vocal on the copyright issue, the reality is that many consumer and education groups have been far more supportive of the bill than proponents such as the music industry.

With the caveat that I can only speak for myself, the following post covers the most contentious aspects of Bill C-32 by aggregating some of my posts and comments. When the bill was first introduced, my immediate response was that the government did a good job compromising on some very contentious issues (ISP liability, fair dealing, consumer provisions, statutory damages) but that the digital lock approach represented a huge flaw that undermined many of the positive steps forward. This remains my view – if we can find a compromise on digital locks, I think this is a bill worth supporting. The following five issues are likely to be the among most contentious in the upcoming hearings:

September 21, 2010 — 46 comments — News

Access Copyright Launches C-32 Advocacy Site

Access Copyright has launched a new copyright advocacy site at copyrightgetitright.ca. The site includes support from a number of author and publisher organizations. The site is targeted primarily at fair dealing reform, claiming that the changes would cause “hundreds of millions of dollars in income [to be] wiped out.”

September 21, 2010 — 8 comments — News

How Canada’s New Copyright Law Threatens to Make Culture Criminals of Us All

This Magazine looks at Bill C-32 and comes out warning against the digital lock provisions in the bill.

September 20, 2010 — 2 comments — News

ECIS on ACTA

The European Committee for Interoperable Systems (ECIS), which includes companies such as IBM, Nokia, Oracle, Opera, and Red Hat, has issued a new position paper expressing concern about ACTA.

September 20, 2010 — Comments are Disabled — News

The Canadian Music Industry on C-32: A House Divided

Musician Carole Pope has an op-ed in the Globe and Mail today calling on the government to reform Bill C-32 by extending the private copying to MP3 players. That approach was derided by both Canadian Heritage Minister James Moore and Industry Minister Tony Clement as the iTax last spring and Clement tweeted a response today. Regardless of your view on the levy, the op-ed highlights just how divided the music industry in Canada is on Bill C-32. While sites like the CRIA-backed Balanced Copyright for Canada seek to project an image of strong support for the bill, the reality is that the Canadian music industry is deeply divided on many aspects of the proposed legislation. In fact, in recent weeks it has turned increasingly critical, touting the need to pass the bill, but simultaneously offering mounting criticism of its provisions.

For example, the uneditable letter now being used by the Balanced Copyright for Canada site tells MPs and Senators that “unfortunately Bill C-32 falls short of meeting the government’s stated intentions. The core message, ‘thou shalt not steal’ is diluted by such a bewildering array of exceptions that if anything the situation for creators will grow worse.” This represents a significant change from earlier letters that did not include such criticisms. In fact, the initial BCFC consumer letter stated:

I believe the Copyright Act amendments proposed in Bill C-32 do a good job of balancing the right of artists and creators to benefit financially from their work, and the ability of consumers like me to make copies for non-commercial use and personal enjoyment. If Bill C-32 passes, it will give me the peace of mind of knowing that when I take music I’ve purchased and downloaded online, and copy it to my player, it’s legal. There will be no doubt in my mind that the PVR copy of a movie or the episode of my favourite TV show that I’ve made for later viewing doesn’t infringe copyright. And, I will know that my favourite singers, musicians, and film makers have been financially and fairly compensated for their work and creativity.

The new criticisms from the BCFC are just the tip of the iceberg:

September 20, 2010 — 36 comments — News