Category: Legislation

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Michael Geist speaks to Jesse Brown on Bill C-32 and the prospect that it will become law in this week’s Search Engine podcast.

Three issues stand out as the most contentious: digital locks, fair dealing reform, and the extension of the private copying levy.
Michael Geist | The Hill Times | November 8, 2010

Last week marked the return of the copyright debate to the House of Commons as Bill C-32 entered second reading. Six months after its introduction, it became immediately apparent that all three opposition parties will be seeking changes to the bill in return for their support. Three issues stand out as the most contentious: digital locks, fair dealing reform, and the extension of the private copying levy.

…
Bill C-32’s fair dealing reforms, which add education, parody, and satire to the list of fair dealing categories, represents the government’s attempt to strike a balance between those seeking a U.S.-style fair use provision and those opposed to new exception categories altogether…

The extension of fair dealing to education only affects the first part of the test. In other words, while Bill C-32 will extend the categories of what qualifies as fair dealing, it does not change the need for the use itself to be fair. The Supreme Court of Canada has identified six non-exhaustive factors to assist a court’s fairness inquiry: (1) the purpose of the dealing; (2) the character of the dealing; (3) the amount of the dealing; (4) alternatives to the dealing; (5) the nature of the work; and (6) the effect of the dealing on the work.

For more see: http://www.thehilltimes.ca/page/view/geist-11-8-2010

The first reading of Bill C-32: An Act to amend the Copyright Act was introduced on June 2, 2010.

The fulltext of the bill is available at: http://www2.parl.gc.ca/content/hoc/Bills/403/Government/C-32/C-32_1/C-32_1.PDF

Industry Canada’s – Balanced Copyright website: http://www.ic.gc.ca/eic/site/crp-prda.nsf/eng/home

Responses to the Bill:
CLA – Canadian Library Association

CAUT – Canadian Association of University Teachers

AUCC – Association of Universities and Colleges of Canada

CFS – Canadian Federation of Students

CMEC Copyright Consortium

Articles:
CBC News: http://www.cbc.ca/technology/story/2010/06/02/copyright-bill-clement-montreal.html

National Post | May 31, 2010
Tony Clement and James Moore

Today, digital technologies fuel our economy and create jobs. Worldwide, the digital media sector is expected to grow to $2.2-trillion dollars over the next five years. More than ever, we live in a digital world. Countries around the world are continually promoting and embracing new technologies.

While there is solid proof that Canada is ready to seize the opportunities presented by these technologies, our laws have not kept pace.

For more see: http://www.nationalpost.com/opinion/story.html?id=3094804

India has introduced a copyright bill to reform the act.

From Michael Geist: “Of particular note from a Canadian perspective are the approaches to fair dealing and anti-circumvention. On fair dealing, the provision is expanded to cover “private and personal use.” On anti-circumvention, the bill is consistent with implementing the WIPO Internet treaties in a manner that retains equal rights both online and offline. The provision specifically targets circumvention for the purposes of copyright infringement and does not target the distribution or marketing of devices that can be used to circumvent. “

Andrew Mayeda and Sarah Schmidt | Canwest News Service | April 18, 2010

The federal government will soon unveil its latest version of legislation to modernize Canada’s copyright laws through a series of reforms that will affect everything from what Canadians can play on their iPods to how artists pay their bills.

In an interview ahead of the Juno Awards in St. John’s, Heritage Minister James Moore told Canwest News Service the government plans to introduce a new copyright bill this spring.

“It was a throne speech commitment, and we’re serious about doing it. The cross-country consultations we did last year were very substantive, very helpful,” Mr. Moore said. “We’re looking forward to tabling legislation soon.”

Since taking power in 2006, the Conservatives have tried several times to overhaul the country’s copyright regime, which stakeholders agree is no longer suited to deal with the flow of information in the age of digital content.

Read more: http://www.nationalpost.com/story.html?id=2922248#ixzz0lZxiwfdu

Sarah Schmidt, Canwest News Service | March 16, 2010

Now that mixed tapes have disappeared from today’s lexicon, it’s time consumers cough up a little cash for a private copying levy for iPods and other MP3 players, according to a private member’s bill tabled in the House of Commons on Tuesday.

The federal government first introduced private copying provisions in Canada’s Copyright Act in 1997 so musicians could be compensated when consumers purchased blank tapes or compact discs to make mixed tapes or CDs.

The levy, set by an independent board, is charged to manufacturers and importers and passed on to retailers and consumers. The money is then distributed to musicians and other copyright holders.

Read more: http://www.nationalpost.com/story.html?id=2689396#ixzz0lZwhxvFg