Canada May Lose Copyright Fair-Use Rights

DotNM writes with an article from the CBC reporting that the Canadian government is considering removing fair-use rights from Canada's copyright law. From the article: "Exacerbating the situation is intense pressure from the United States, where Canada is considered a rogue when it comes to copyright and intellectual property. It still hasn't ratified a 1997 World Intellectual Property Organization copyright treaty... Two of the most controversial issues are [DRM] and the closely related technological protection measures."

Re:what?

[temojen]

No, it's Levy paid to CRIA for blank CD's and audio tapes (not HDDs or DVDs), but you can't be sued for downloading music or videos.

Comment removed

[account_deleted]

Comment removed based on user account deletion

Re:Contact info

[Mashiki]

http://www.gc.ca/ [www.gc.ca] is your friend.

BERNIER, Maxime
Parliamentary Address
House of Commons
Ottawa, Ontario
K1A 0A6
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]

Constituency Address
11535 1st Avenue, Suite 430
Saint-Georges, Quebec
G5Y 7H5
Telephone: [phone]
Fax: [phone]
1083 Vachon Boulevard North, Suite 201
Sainte-Marie, Quebec
G6E 1M8
Telephone: [phone]
Fax: [phone]

And

ODA, Beverley J. (Bev) (Conservative)
Parliamentary Address
House of Commons
Ottawa, Ontario
K1A 0A6
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]

Constituency Address
68 King Street East, Unit 2
Bowmanville, Ontario
L1C 3X2
Telephone: [phone]
Fax: [phone]
Toll Free: 1-866-436-1141

Re:Conservatives? Yeah, sure.

[Mauriac]

It's quite clear that the conservatives don't want to promote what you call "Québec culture" with this law. There's already enough protection for Québec artists and creators, and the conservatives don't want to change this situation. The truth is that the conservative party want to protect a well-established industry, and respond to U.S. pression to change the foggy legislative background of "fair-use" in a more radical way. This change can be linked to many positions in Stephen Harper's governement towards "americanisation" of Canada. However, I'll call my Bloc député, as I'm against this change in the copyright law

Bev Oda

[maytagman]

Bev Oda's (Canadian Heritage minister) campaign was funded by major record companies such as Universal Records. Basically the record companies are buying these new draconian laws. 'http://bevoda.ca' has recently pulled down the contact info after an obvious flood of hateful email. This has been extensively covered on http://boingboing.net/ [boingboing.net] and as usual days, weeks and months ahead of slashdot.
http://www.boingboing.net/2006/09/11/how_hollywood s_mp_in.html [boingboing.net]
http://www.boingboing.net/2006/11/08/canadian_copy right_c.html [boingboing.net]
http://www.boingboing.net/2006/06/08/can_heritage_ ministe.html [boingboing.net]
http://www.boingboing.net/2006/01/04/hollywoods_ca nadian_.html [boingboing.net]
http://www.boingboing.net/2006/05/24/canadian_stud ents_as.html [boingboing.net]
http://www.boingboing.net/2006/01/15/editorial_in_ toronto.html [boingboing.net]
http://www.boingboing.net/2005/09/29/canadian_copy fight_t.html [boingboing.net]
http://www.boingboing.net/2006/01/03/canadian_mp_i mports_.html [boingboing.net]
http://www.boingboing.net/2005/06/21/canadas_dmca_ dissect.html [boingboing.net]
http://www.boingboing.net/2006/09/18/canadians_how to_stop.html [boingboing.net]

Re:what?

[TheSpoom]

But one of them will be if fair use rights are removed.

Re:Fight..

[Doytch]

If you don't have your MP in your address book, then here's the lookup site:

http://www.parl.gc.ca/information/about/people/hou se/PostalCode.asp?Source=SM [parl.gc.ca]

I already sent my MP a letter, do your part if you're pissed.

Fair dealing

[Ghost-in-the-shell]

Canada does not use Fair-Use in its copyright laws, it uses Fair dealing and the constructs are totally different. The actual debate in Canada is should we move to adopting Fair Use or continue to use the restricted but spelled out uses of Fair Dealing.

 

Comment removed

[account_deleted]

Comment removed based on user account deletion

Re:Contact info

[Shabbs]

It does not get any easier than this for Canadians:

http://www.onlinerights.ca/get_active/copyright_re form_action/ [onlinerights.ca]

Web form that sends a letter to your MP as well as Maxime and Beverley.

STAND UP AND FIGHT!!!

Cheers.

Re:Fight..

[JebusIsLord]

First, go here to find your representative:

http://webinfo.parl.gc.ca/MembersOfParliament/Main MPsCompleteList.aspx?TimePeriod=Current&Language=E [parl.gc.ca]

then, email them the following (just a suggestion):

Hi [representative],

This is my first time writing to you, as a new constituent. I am writing concerning an article I read today on CBC.ca. http://www.cbc.ca/technology/story/2007/01/11/copy right-canada.html [www.cbc.ca]

I am fairly concerned about possible changes to Canadian fair-use laws. I consider myself a patron of the arts, and one of the music industry's best customers. As a modern, technology-savy citizen, I primarily listen to the music CDs I purchase on my portable iPod, or on my PC. Changes to fair use laws would make the act of "ripping" these songs to my computer, illegal. I consider myself an ethical consumer, and I don't see how in any way this activity harms the music industry. I suppose one could argue that, should this law come into effect, I could purchase my music online and therefore no "illegal" copying from CD would take place. However, these downloadable files (by way of the iTunes music store, for example) already defeat fair-use by restricting your ability to move them to new devices, new PCs etc.

In short, this law will punish good consumers, like me. Unethical consumers of music are already breaking the law by downloading pirated music, so this law will not affect them. If such legal changes are made, in order to continue listening to music in the manner I have been for years, I will probably opt to simply break the law - as I expect will the majority of iPod-owning Canadians. I will also seriously question whether or not such an industry should be supported financially by my hard-earned paycheques.

Thank you for listening,
[insert name here]

Fight Online

[CarlJagt]

Fight Online -- send a letter asking for a balanced copyright reform: Visit http://www.onlinerights.ca/get_active/copyright_re form_action/ [onlinerights.ca]

Your letter will read:

I am a constituent who cares about Canada's cultural policy, and I am writing in regard to legislative proposals for "copyright reform." During the last Parliament, Bill C-60 provided some very sensible approaches to this complicated topic, but it also left room for improvement. As you consider the issue of copyright reform, I hope that you will work to ensure that any new legislation is not a regression from the sensible policies set out in Bill C-60.

In particular, I do not believe that "digital rights management" (DRM) technologies should stop the public from making lawful uses of their legitimately acquired media. Publishers using DRM push aside the delicate balance between copyright and the rights of the public - a balance set according to an assessment of the public interest by legislators - and replace it with one-sided rules that reflect publishers' private interests. Even artists disagree with publishers' anti-consumer use of DRM, as evidenced by the recently formed Canadian Music Creators Coalition. Therefore, as in Bill C-60, new copyright reform legislation should not make it illegal to circumvent DRM for lawful purposes.

I am also concerned that the use of DRM can threaten computer security and consumer privacy, as in the recent Sony-BMG "Rootkit" fiasco. When content companies routinely use technological measures to control how people enjoy entertainment in the privacy of their own homes, I think we need protection *from* DRM more than we need protection *for* it.

These concerns are shared by a substantial and growing number of informed Canadian citizens. I hope that you will take them into account when considering any changes to Canadian copyright law. Thanks very much for your time.

Re:Fight..

[tomhudson]

wait since when did Canada have troops? I always figured you just sent a group of mounties out for those policing duties.

(I live an hour from the border, I know what you do and don't really have)

They're in Afghanistan ... remember? As for everyone else talking about invading Canada elsewhere in this thread ...

Lets see - you can't use nukes, because we're too close, and you'd end up getting the fallout ... not to mention what it would do to supplies you import from us (oil, electricity, etc).

You can't invade, because we can turn off the electricity, and a third of your electrical grid would immediately collapse, and much of it would stay down ...

You can't use a trade embargo, because we supply you with more petroleum products than any other country in the world ... and the shortages would be immediate (pipelines - within hours), unlike tankers (lead times of months) ... think of a permanent "Hurricane Katrina" shortfall ...

Also, we get along pretty well with Mexico, so they'd probably join us, so think of TWO Hurricane Katrinas ...

Gee, why not just agree to continue to be good neighbours? Threatening us is more like putting a gun to your own head and saying "Stop or I'll shoot!"

Not going to pass without major amendments...

[Hamster Lover]

For those that have no clue about Canada's current political situation, the governing Conversative party holds minority power, less than 50% of the seats in Parliament, and as such requires the votes of the other parties, the NDP, the Liberals or the Bloq Quebecois, to pass any legislation. The Liberals, which have the largest number of seats after the Conservatives, have also just elected a new, dynamic leader to head their party and he is out for blood. So, regardless of the legislation that is introduced it is going to be amended when the bill heads to committee (second reading), if it even gets that far. Once the bill heads to committee look for it to be sliced and diced by the opposition if for no other reason than to earn some political points with the public. A similar situation occured when the Liberals amended the Conservatives much vaunted crime reform bill and watered down or removed key sections of the legislation.

Stephen Dion, the new Liberal leader, has also indicated that he will not co-operate with the Conservatives on any legislative initiatives and has intimated that he will vote to bring down the government on the next confidence motion and force an election. So we may not even make it that far.

Don't hold your breath on this passing.

Re:what?

[LunarCrisis]

No, it's Levy paid to CRIA for blank CD's and audio tapes (not HDDs or DVDs), but you can't be sued for downloading music or videos.

I am not a lawyer!

I'm sorry, but I've been pouring through the Canadian Copyright Act, and I cannot find anything which substantiates your claim. This is the only clause I can find which is relevant to this situation, but please tell me if I've missed something. (Edit: now that I am done writing this comment I am no longer as sure as when I started, so please read to the end)

From http://www.cb-cda.gc.ca/info/act-e.html#80 [cb-cda.gc.ca]: (emphasis mine)

Copying for Private Use
80. (1) Subject to subsection (2), the act of reproducing all or any substantial part of
(a) a musical work embodied in a sound recording,
(b) a performer's performance of a musical work embodied in a sound recording, or
(c) a sound recording in which a musical work, or a performer's performance of a musical work, is embodied
onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer's performance or the sound recording.
(2) Subsection (1) does not apply if the act described in that subsection is done for the purpose of doing any of the following in relation to any of the things referred to in paragraphs (1)(a) to (c):
(a) selling or renting out, or by way of trade exposing or offering for sale or rental;
(b) distributing, whether or not for the purpose of trade;
(c) communicating to the public by telecommunication; or
(d) performing, or causing to be performed, in public.
1997, c. 24, s. 50.

Now, the first thing to notice here is that this only applies to musical works, not videos. Next, this only allows copying onto an "audio recording medium," defined as:

http://www.cb-cda.gc.ca/info/act-e.html#79 [cb-cda.gc.ca]

"audio recording medium" means a recording medium, regardless of its material form, onto which a sound recording may be reproduced and that is of a kind ordinarily used by individual consumers for that purpose, excluding any prescribed kind of recording medium;

The last sentence seems somewhat badly phrased, those of you who know french may agree that it is worded better on the french version of the page: http://www.cb-cda.gc.ca/info/act-f.html#79 [cb-cda.gc.ca]

"support audio" Tout support audio habituellement utilisé par les consommateurs pour reproduire des enregistrements sonores, à l'exception toutefois de ceux exclus par règlement.

Now, I don't know if there are recording mediums which are excluded (or "exclus par règlement"), but disregarding that, my (possibly unqualified) judgement suggests to me that HDDs would count as "ordinarily used by individual consumers for that purpose," especially since many portable music players use them to store music.

Another important insight is that this only covers the case in which you make a copy of a work for your own private use. This leads me to believe that, for example, I could make a copy of my friend's music disk and use it myself, but it would be copyright infringement for him to make the copy and give it to me. Together with paragraphs (2) (b) and (c), this leads me to believe that it is not permitted for you to download music for the purpose of sharing it through the p2p service. Perhaps if the p2p aplication does not permit you to disable uploading you can say it was not your purpose to upload the music? Maybe you can say this in any case? I don't know, I'm not a lawyer. Now that I've looked at it so closely, however,

least we forget

[dognuts]

Even if they change the Copyright Act, it'll make little difference.

You see it isn't the Copyright Act that dictates fair use & allows us Canadians to
download & upload whatever we want.

The Charter of Rights allows us this privilege!

And not even a government with 100% of the seats in the House of Commons
can change the Charter of rights on their own.

Re:vote

[Ironsides]

I buy lots of CDs and DVDs. None of it goes to the MPAA or RIAA or the Canadian equivalents. Just about everything I buy is from companies outside those cartels. You might want to look at doing the same and learn of some new artists you've never heard before.

Now is the time to act

[Strych9]

We have been very fortunate not to have the draconian laws that are totally one sided. We as Canadians pay a levy on all our CDs /etc when we are using said media for legitmate uses. Listing of Canadian MP's by Postal Code [parl.gc.ca] Take some time and let your MP know that this issue is important and the current buzz over the environment doesn't mean people are going to ignore this. Remember, doing nothing is doing something. That something is allowing the music industry lobby groups walk all over you and say thank you, can I have some more.

Re:least we forget

[matts-reign]

No it doesn't.http://lois.justice.gc.ca/en/Charter/index .html is the document in full. Nowhere in there is anything about copyright mentioned. Or fair use. Or MP3s. If you can't just point out the relevant section you're nothing more than a troll.

What Canada are you in?

[Generic Player]

The charter of rights and freedoms doesn't say anything about copyright at all. There is no such thing as fair use in Canada, just fair dealing which is in fact in the copyright act.

Re:Fight..

[saskboy]

I've written my MP about copyright at least 3 times last year, and didn't get one response. The Conservative MP for Yorkton-Melville obviously doesn't care about Canadian artists or stopping DRM.

petition

[jeffstar]

A petition [digital-copyright.ca] exists which has around 2500 signatures already and is sent to parliament as new batches of signatures are received.

Re:Just another attempt to blame the US?

[kurttrail]

Please show us the language in the DMCA that "makes it illegal to exercise fair use rights if there is DRM in place?"

Nevermind, because there is NO language in the DMCA that "makes it illegal to exercise fair use rights if there is DRM in place." In fact the DMCA states exactly the opposite.

"(c) Other Rights, Etc., Not Affected. - (1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title." - http://www.copyright.gov/title17/92chap12.html [copyright.gov]

Stop believing the FUD of the Corporate Copyright Elite. "Fair Use" is still alive and kicking in the US, in spite of the money and power of the likes of the RIAA, MPAA, and the BSA!

Re:least we forget

[dognuts]

Your correct the Charter doesn't actually mention fair use, copyright or MP3's for that matter & never will.

The Charter is a framework of rights & interpretation is what's used when launching a Charter case.

As for fair use or fair dealings, which basically means making copy's of copyrighted works. That falls very easily under section 2b of the Charter, freedom of expression.

Even our beloved PM Stephen Harper used this as the basis for his court case, later to be heard by the Supreme Court of Canada & he won!

Harper v. Canada (Attorney General)
http://scc.lexum.umontreal.ca/en/2000/2000scc57/20 00scc57.html [umontreal.ca]

Onlinerights.ca

[Aerovoid]

I'm not sure if this has been posted yet, but here's an easy way to email your MP. Just got to this site and follow the steps. http://www.onlinerights.ca/get_active/copyright_re form_action/ [onlinerights.ca]

For those of us not in Canada...

[akohler]

If you want to submit your comments as "Concerned Global Citizens", the Canadian Copyright Policy Branch has a Web Form [pch.gc.ca]

.

I don't know if the Canadian government cares what citizens of other countries think, but I don't believe that we will ever get any real Copyright Reform until we convince our respective governments to stop being so myopically nationalistic.

And I was so happy about Canada, too.

[Grendel Drago]

I was sure they'd move from Life+50 to Life+70 before Winnie the Pooh went out of copyright, but no, the works of A. A. Milne (and a hojillion others [copyrightwatch.ca], including Alfred Kinsey, Jackson Pollock, and H. L. Mencken) are in the public domain in Canada. If they manage to hold out for another year, the public domain will grow to include (for instance) John von Neumann.

At least they've managed to keep their laws reasonable compared to those in the U.S., though that's not saying much. If they keep being an oasis of comparative sanity, I may end up moving there. Here's hoping they'll stay that way for a good long while.