Canada's Proposed DMCA-Style Law Draws Fire

litui writes "Michael Geist assesses the problems with new copyright legislation presented today. In short, it looks like unless it's heavily contested, Canadians are in for a worse piece of law than the DMCA." CBC News' story quotes one critic, Scott Brison, who warns that enforcing the anti-circumvention clauses of this legislation would turn Canada into a police state — which, considering the pervasive eavesdropping it would take to make sure that people aren't enjoying their rights to fair use (or "fair dealing") of hardware or media, seems like a fair prediction.

Comments

A small piece of hope

[Tragek]

The government said a second reading of the legislation wouldn't occur until the next sitting of the house. With the government breaking soon for the summer, such a reading would not occur until the fall. This gives three months to rally against it. Though, Micheal Geist looks at it slightly differently:

The government plans for second reading at the next sitting of the house, effectively removing the ability to send it to committee after first reading (and therefore be more open to change).

Re:Liberals

[JebusIsLord]

Just to clarify for Americans who don't understand the parliamentary system, basically the Conservatives hold the most seats, but not the majority of seats, so they can loose motions. If it is considered a confidence motion, then the goverment is overthrown and we have another election. Usually minority governments are unstable and dissolve after a few months, but this one has been around (IMO) far too long.

Current Goverment Talking points

[digitrev]

I received an e-mail from the Minister of Industry, Jim Prentice (Minister.Industry@ic.gc.ca), presumably because I've e-mailed him about this in the past. In it are the current government talking points. Please, do your best to refute these and point out the horrible, horrible flaws in this bill. Find your MP by postal code, and give them a good thrashing.

The Government of Canada has introduced Bill C-61, An Act to Amend the Copyright Act. The proposed legislation is a made-in-Canada approach that balances the needs of Canadian consumers and copyright owners, promoting culture, innovation and competition in the digital age.

What does Bill C-61 mean to Canadians?

Specifically, it includes measures that would:

• expressly allow you to record TV shows for later viewing; copy legally purchased music onto other devices, such as MP3 players or cell phones; make back-up copies of legally purchased books, newspapers, videocassettes and photographs onto devices you own; and limit the "statutory damages" a court could award for all private use copyright infringements;
• implement new rights and protections for copyright holders, tailored to the Internet, to encourage participation in the online economy, as well as stronger legal remedies to address Internet piracy;
• clarify the roles and responsibilities of Internet Service Providers related to the copyright content flowing over their network facilities; and
• provide photographers with the same rights as other creators.

What Bill C-61 does not do:

• it would not empower border agents to seize your iPod or laptop at border crossings, contrary to recent public speculation

What this Bill is not:

• it is not a mirror image of U.S. copyright laws. Our Bill is made-in-Canada with different exceptions for educators, consumers and others and brings us into line with more than 60 countries including Japan, France, Germany and Australia

Bill C-61 was introduced in the Commons on June 12, 2008 by Industry Minister Jim Prentice and Heritage Minister Josée Verner.

For more information, please visit the Copyright Reform Process website at www.ic.gc.ca/epic/site/crp-prda.nsf/en/home

Thank you for sharing your views on this important matter.


The Honourable Jim Prentice, P.C., Q.C., M.P.
Minister of Industry

The Honourable Josée Verner, P.C., M.P.
Minister of Canadian Heritage, Status of Women
and Official Languages and Minister for
La Francophonie

Re:We need to contact the MSM

[digitrev]

Don't forget The Ottawa Sun.

The bill would also allow consumers to record television and radio programs to watch or listen to later. And it would allow Internet programs to be recorded as long as they are simultaneously aired on television or radio.

There would also be limits on the time such recordings could be kept, so consumers couldn't build a library of recordings.

Department officials weren't able to say how long recordings would be allowed to be kept for later viewing.

Tell MPs What's Wrong with the Prentice Bill

[PFAK]

Check out Online Rights Canada's new action alert, "Tell MPs What's Wrong with the Prentice Bill":

http://www.copyrightforcanadians.ca/action/firstlook/

Here's what their website says about it:

"After months of hesitation, Industry Minister Jim Prentice has finally revealed his re-write of Canada's rules of copyright. Tell your MP just what you think of it."

Phoning In and Mailing In

[Tiberius_Fel]

I already phoned in to my MP, Prentice, Verner, Dion, and Harper. Use this to get your local MP's mailing and phone information.
http://www2.parl.gc.ca/Parlinfo/Compilations/HouseOfCommons/MemberByPostalCode.aspx?Menu=HOC

I plan to write some letters tonight.

Re:Write Your MP

[PFAK]

Check out Online Rights Canada's new action alert, "Tell MPs What's Wrong with the Prentice Bill":

http://www.copyrightforcanadians.ca/action/firstlook/

Here's what their website says about it:

"After months of hesitation, Industry Minister Jim Prentice has finally revealed his re-write of Canada's rules of copyright. Tell your MP just what you think of it."

Re:We need to contact the MSM

[CastrTroy]

At least we still have the CBC

Speak out!

[Atticka]

Geist has a page dedicated to "The Canadian DMCA: What You Can Do"

here it is:
http://www.michaelgeist.ca/content/view/2431/125/

Enjoy!

Video casettes only???

[Digital_Quartz]

"With respect to audiovisual material such as films, the format-shifting provision would apply only to videocassettes and would not allow you to make copies of material stored on other media, such as DVDs."
-http://www.ic.gc.ca/epic/site/crp-prda.nsf/en/rp01158e.html

That's a bit obtuse. Why does it matter what media format the source is on?

As the bill stands, format shifting from old laser discs or Video-CDs would be illegal. Format shifting DVDs to your video iPod would be illegal (even for the few DVDs without copy protection). Once DVD becomes an obsolete format, it would still be illegal to format shift your content onto more recent media.

Format shifting music DVDs onto your iPod also would be illegal (which totally sucks).

Re:Mac and Linux users...

[Random Destruction]

Clearly you must be wrong. The bill is all sunshine and flowers. Just look at the e-mail I just recieved in my university inbox from the Minister of Industry at Minister.Industry@ic.gc.ca :

The Government of Canada has introduced Bill C-61, An Act to Amend the Copyright Act. The proposed legislation is a made-in-Canada approach that balances the needs of Canadian consumers and copyright owners, promoting culture, innovation and competition in the digital age.

What does Bill C-61 mean to Canadians?

Specifically, it includes measures that would:

* expressly allow you to record TV shows for later viewing; copy legally purchased music onto other devices, such as MP3 players or cell phones; make back-up copies of legally purchased books, newspapers, videocassettes and photographs onto devices you own; and limit the "statutory damages" a court could award for all private use copyright infringements;

* implement new rights and protections for copyright holders, tailored to the Internet, to encourage participation in the online economy, as well as stronger legal remedies to address Internet piracy;

* clarify the roles and responsibilities of Internet Service Providers related to the copyright content flowing over their network facilities; and

* provide photographers with the same rights as other creators.

What Bill C-61 does not do:

* it would not empower border agents to seize your iPod or laptop at border crossings, contrary to recent public speculation

What this Bill is not:

* it is not a mirror image of U.S. copyright laws. Our Bill is made-in-Canada with different exceptions for educators, consumers and others and brings us into line with more than 60 countries including Japan, France, Germany and Australia

Bill C-61 was introduced in the Commons on June 12, 2008 by Industry Minister Jim Prentice and Heritage Minister Josée Verner.

For more information, please visit the Copyright Reform Process website at www.ic.gc.ca/epic/site/crp-prda.nsf/en/home

Thank you for sharing your views on this important matter.

The Honourable Jim Prentice, P.C., Q.C., M.P. Minister of Industry

The Honourable Josée Verner, P.C., M.P. Minister of Canadian Heritage, Status of Women and Official Languages and Minister for La Francophonie