Category: c-32

Separating facts from hype about C-32Separating facts from hype about C-32



Some anti-copyright critics compare the proposed copyright amendments in Bill C-32 with the copyright laws of the US to argue that Canadian copyright law with Bill C-32 passed would be more restrictive than in the US. International comparisons of copyright laws can be a very useful tool to gauge how Canadian laws stack up with international standards and norms. Regrettably, anti-copyright advocates often make their case by inaccurately and misleadingly describing US law to make it look more permissive than it is and by describing Bill C-32 in ways that makes it appear more restrictive than it is.

copyrightgetitrightcopyrightgetitright



A new website has been established by 12 Canadian organizations concerned about the impact of C-32 on the sustainability of Canada’s vibrant creative industry. Called “copyrightgetitright” , the site asks Canadians to join them in “defending Canadian culture & heritage”.

The site provides five  “fast facts”on Bill C-32:

  1. C-32 has fundamental flaws that can and must be fixed:while it enhances copyright protections for some digital materials, it paradoxically introduces a long list of new exceptions that jeopardize the economic future of the knowledge workers and content producers at the heart of Canada’s digital economy.

RCMP report details Canada’s serious counterfeiting and piracy problemsRCMP report details Canada’s serious counterfeiting and piracy problems



The RCMP just published a report surveying the problems posed by counterfeiting and piracy in Canada. Some of the important findings of the report A National Intellectual Property Crime Threat Assessment, 2005 to 2008 are the following:

  • Traditionally viewed as being victimless, Intellectual Property (IP) crime has become a source of health and safety concern in Canada. Health, safety, and economic damages from the consumption and usage of counterfeit goods are being reported on an international scale. Victims of IP crime include, among others, people suffering from life threatening diseases who unknowingly use counterfeit medicines containing little or too many active ingredients, or toxins.

Toronto Star says proposed exception for education in C-32 needs rethinkingToronto Star says proposed exception for education in C-32 needs rethinking



The Toronto Star published an editorial today on C-32.  In it the Star expressed concern over the proposed inclusion of education as a new fair dealing allowable purpose exception. According to the Star:

Writers and publishers are worried that a broad interpretation of “education” could lead to rampant copying of textbooks, instructional manuals and even novels. Would a school board be allowed to buy just one copy of a new textbook and copy it for all its students? Would universities be allowed to copy bits and pieces of 20 different books to compile reading material on a certain subject for their students?

MGE v GE-what did the 5th Circuit decide about the scope of the DMCA TPM provisions and was it right?MGE v GE-what did the 5th Circuit decide about the scope of the DMCA TPM provisions and was it right?



Last week, the US Court of Appeals for the 5th Circuit released a controversial decision interpreting Section 1201(a) of the DMCA in MGE UPS Inc v GE Consumer and Industrial, Inc. 2010 WL 2820006 (5th Cir.2010). Prof. Geist has suggested that the case decided that the “DMCA is limited to guarding access controls only to the extent that circumvention would violate the copyright rights of the copyright owner.” His summary of the case is neither accurate nor complete. Here’s why.

When do broadcasters reproduce works ? The Copyright Board clarifies the law in the Commercial Radio Tariff caseWhen do broadcasters reproduce works ? The Copyright Board clarifies the law in the Commercial Radio Tariff case



The Copyright Board released its reasons for decision in the Commercial Radio Tariff proceedings last week. The case involved many different parties and issues and resulted in the certification of a tariff that covers a gamut of music uses by broadcasters in the course of their operations.

In the course of giving reasons for its decision, the Board made a number of important statements about what constitutes a reproduction for the purposes of the Copyright Act. In particular, the Board canvassed the activities of broadcasters and examined which activities resulted in reproductions of musical works (and sound recordings) in the course of their broadcasting operations.

Minister Moore’s Speech on C-32Minister Moore’s Speech on C-32



Heritage Minister Moore gave a speech yesterday at a meeting of the The International Chamber of Commerce (ICC). His focus was on Bill c-32, the Copyright Modernization Act. He made a number of important remarks about the goals behind the Bill. He also used the occasion to comment on some of the Bill’s main critics Here are some highlights of his speech.

Minister Moore stressed the contribution that the copyright industries make to Canada’s economy noting that they “cannot be underestimated, both in terms of stimulating investment and creating jobs”.

Legends and reality about the 1996 WIPO Treaties in the light of certain comments on Bill C-32Legends and reality about the 1996 WIPO Treaties in the light of certain comments on Bill C-32



I.  INTRODUCTION

It was at a copyright seminar abroad that I learned about the publication of Bill C-32 by which the Canadian government intends to adapt the copyright legislation to the digital on-line environment. By the time I arrived home, some of my European colleagues, with whom we usually exchange information, had sent me the links to various blog posts that were trying to offer a first assessment of the new Bill. Some of them contained objective analysis pointing out both the commendable elements of the draft provisions and those where further improvements were found desirable, while others seemed to reflect continued opposition to the government’s intention to modernize the copyright norms the way required by the international treaties and the emerging international standards.

Some thoughts on Bill-C-32: An Act to Modernize Canada’s copyright lawsSome thoughts on Bill-C-32: An Act to Modernize Canada’s copyright laws



At long last we have the Government’s proposed copyright amendments: Bill, C-32 the Copyright Modernization Act. The new Bill aims to address gaps in the current Copyright Act created by the Internet and other digital technologies in line with international standards.

This Bill is substantially different from its predecessors Bills C-60 and C-61 and reflects new thinking by the Government on how best to modernize the Act. While the Bill is an advancement over previous attempts at copyright reform, it will require amendments to ensure it accomplishes the goals set out by the Government and does not introduce unintended consequences.