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

An Unofficial User Guide to This Afternoon’s Copyright Bill

With the copyright bill – Bill C-32 – being introduced this afternoon, it is worth noting that my technology law column last week (Toronto Star version, homepage version) focused on some of the key issues likely to find their way into the bill.  The column noted the internal dynamics that led to the bill are by now fairly well known.  Industry Minister Tony Clement, emboldened by last summer’s copyright consultation that generated unprecedented public participation, argued for a forward-looking, technology neutral bill with flexibility as a core principle.  Canadian Heritage Minister James Moore advocated for a U.S.-style protectionist approach, with priority given to digital locks that can be used to limit copying, access, and marketplace competition.

With the active support of Prime Minister Stephen Harper, Moore won the fight over digital locks and the new bill will feature provisions certain to please the U.S. government and lobby groups.  Yet the bill will include far more than just tough legal protection for a digital locks.  

This brief unofficial user's guide to the new legislation that focuses on three key issues – fair dealing, Internet provider liability, and digital locks (Internet downloading is unlikely to figure prominently in the bill).

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June 2, 2010 19 comments Columns

Copyright Bill on Notice Paper as Ministers Emphasize Balance, Modernization

The government has placed the forthcoming copyright bill on the Notice Paper, which means that the bill could be introduced as soon as tomorrow.  The campaign to support the bill has also begun, with an op-ed in today's National Post jointly authored by Industry Minister Tony Clement and Canadian Heritage […]

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June 1, 2010 43 comments News

Wire Report: Libs Ok With Summer Hearings, NDP Express Concerns

The Wire Report reports that Liberal MP Marc Garneau is supportive of the possibility of summer hearings on the copyright bill.  NDP MP Charlie Angus expresses concern about the approach, noting that it might not be good for the bill given the difficulty to draw witnesses and the prospect of […]

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June 1, 2010 Comments are Disabled News

Copyright Week in Canada: Bill Coming Thursday as Conservatives Indicate Openness to Amendments

This is copyright week in Canada as multiple reports indicate that the long-awaited copyright bill will be tabled on Thursday.  The recent round of reports are noteworthy for several reasons.  First, they confirm earlier reports that the government plans to introduce DMCA-style anti-circumvention legislation.  This suggests that the digital lock provisions that were the source of enormous public outrage (and the dominant issue during last summer's copyright consultation) will remain largely unchanged from Bill C-61 and will unquestionably be the most hotly debated aspect of the bill.

Second, the reports also drop hints of other aspects of the bill.  While I previously reported there will be no flexible fair dealing provision, the reports indicate that there will some changes to fair dealing.  This comes as little surprise, given that C-61 included provisions on time shifting and format shifting.

Third, the government is increasingly turning its attention to what comes after the bill is introduced.  The Canadian Press reports that the government is planning to pressure the opposition parties to hold summer hearings in an effort to fast-track the bill through the House of Commons.   While this raises concern for many groups who may face challenges participating in summer hearings (and the hearings themselves risk becoming abbreviated as MPs cut the process short to get back to their constituencies), Industry Minister Tony Clement has also indicated that the government is open to compromise:

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May 31, 2010 32 comments News

Canadian Students on the Fight for Fair Copyright

The Canadian Federation of Students have launched a new video calling on students across the country to support the fight for fair copyright.  A French-language version is also available.

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May 28, 2010 41 comments News