It’s Canadian DMCA Part III – the return. And though it’s as insipid as a bad sequel, with $5000 fines for breaking a digital lock it could be worse – more to come as this journal reviews the coverage. See items from the CBC, the National Post, Techdirt, and Michael Geist, who calls it ‘flawed but fixable’. Really? On the privacy front, the notice-and-notice provisions would require your ISP to keep a record of your info on demand, which ties in to the general attack on your right to privacy online – though we need to see more about how widely ‘personal info’ is defined here. The new educational, video ‘mashup’ and satire provisions are interesting, heartening even, but the digital lock provision still provides an arbitrary escape hatch to deny you access to your culture. Recall that copyright law in its original intent was a government-granted monopoly on copying books, and most definitely not a property right. Anyone willing to spend a bit of time thinking about this will realize, one would hope, that it is meaningless to claim property rights over intangibles. Which is why counterfeit law (criminal fraud) makes sense, but copyright has always been little more than a coercive boon designed to make life easier for creators that otherwise operate within a gift economy. You know how passing the hat works at a local indie gig? That’s the natural way creators receive payment for the creation of intellectual content apart from the sale of swag.
Update (2010/6/3): Some conscientious citizen has leaked a copy of C-32 here.
Related: Copyright Act changes to be revealed today | India Gearing Up To Fight ACTA; Seeking Other, Like-Minded, Countries | Red Alert: New Canadian DMCA Bill Within Six Weeks | Official ACTA Draft Released, Only Very Slightly Less Awful Than Expected | The Economist On Why Copyright Needs To Return To Its Roots | Big Content’s dystopian wish-list for the US gov’t: spyware, censorship, physical searches and SWAT teams | Thousands condemn secrecy of New Zealand round of internet copyright talks | ACTA Draft: No Internet for Copyright Scofflaws | Entire Text of ACTA Treaty Leaks to Online Rights Website | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | EU Parliament votes down ACTA global copyright resolution by overwhelming margin | ACTA Internet Chapter Leaks: Renegotiates WIPO, Sets 3 Strikes as Model | ACTA Is Called An ‘Executive Agreement’ To Implement Restrictive Copyright With Less Hassle Than A Treaty | ACTA One Step Closer To Being Done; Concerns About Transparency Ignored | UK MPs frozen out of super-secret ACTA copyright talks | Reading Between The Still Secret Lines Of The ACTA Negotiations | Beyond ACTA: Proposed EU — Canada Trade Agreement Intellectual Property Chapter Leaks | New Leaks of Secret ACTA Copyright Law Reveal Oppressive ‘Global DMCA’ | MPAA Says Critics of Secret Copyright Treaty Hate Hollywood | ACTA Threatens Made-in-Canada Copyright Policy | More ACTA Details Leak: It’s An Entertainment Industry Wishlist | Six Days Left: Canadian Net Users Caught As Copyright Consultation Nears Conclusion | MP Charlie Angus on copyright: industry lobby pulling for ‘dead business model’ | Ottawa denies altering public’s ECopyright Consultation submissions | Security guards stop MPs, students from distributing fair use flyers at Toronto copyright townhall | Can The Public Be Heard On Copyright Issues? | Copyright Consultation Launches: Time For Canadians To Speak Out | Third stab at copyright law ‘reform’ to kick off with consultations | Time to slay Canadian file-sharing myths | Canadian copyright lobbyists leaned on “independent” researchers to change report on file-sharing | Think tank plagiarizes, pulls report on Canadian piracy | Obama Administration Claims Copyright Treaty Involves State Secrets | Latest Round of Closed-Door ACTA Copyright Negotiations Wrap Up | Digital rights groups sue for access to secret ACTA treaty | Critics waging a cyber offensive to fight copyright changes | Canadian Industry Minister lies about Canadian DMCA on national radio, then hangs up | The Canadian DMCA: Check the Fine Print | Government ready to drop copyright bomb | Transparency needed on ACTA | Revamped copyright law targets electronic devices | New Attempt to Align Canada’s Copyright Act with USA Coming Soon | Canadian DMCA To Be Introduced Tomorrow Morning?
Steven Chase, The Globe and Mail
June 2, 2010
Legislation strengthens protections for content creators; Canadians who break digital locks would be subject to fines of up to $5,000
Breaking the digital encryption on a movie DVD — even if copying it for personal use — would make individual Canadians liable for fine of up to $5,000 under a tougher copyright law proposed by the Harper government Wednesday.
The legislation sponsored by federal Industry Minister Tony Clement puts more teeth in copyright protections for those who make software, movies and other materials and have seen their intellectual property swapped freely in the Internet era.
The bill would give hefty legal weight to digital locks or encryptions that copyright holders put on movies or software or electronic books, making it a violation of intellectual property law to break these even for personal use.
At the same time, the legislation would lighten, rather than increase, possible penalties for individual consumers who illegally download or upload copyrighted material — as long as they aren’t doing so to make a profit.
The government is in fact proposing to scale back the possible damages that individual Canadians could face for uploading or downloading copyrighted works such as music or TV or movies — reducing it to a maximum of $5,000 for all infringing activity from a previous ceiling of $20,000 per protected work.
But it’s this same $5,000 limit for copyright infringement that will now apply to those individuals who break digital locks that protect music, movies or software from copying.
Ottawa is moving to update its copyright law — which hasn’t seen substantial amendments since 1997 — in order to reflect the digital age, which has enabled almost effortless copying and sharing of intellectual property across computers, cellphones and digital music players.
Heritage Minister James Moore said in a statement the bill “offers a common-sense balance between the interests of consumers and the rights of the creative community.”
The Conservative government unveiled the legislation at a Canadian office of a U.S. video game software company in Montreal Wednesday, a move intended to highlight that strong protection for copyright also protects investment and jobs.
In a move against Internet file-swapping, Ottawa is targeting for-profit pirates and those that enable this scofflaw activity. It would give copyright owners stronger legal tools to shut down “pirate websites” that support file-sharing.
It’s also introducing a fine of up to $1-million upon conviction for commercially motivated pirates who crack copyright encryptions of material in order to sell it.
It’s currently illegal to upload or download copyrighted material without paying in Canada although the entertainment and software industries have so far shied away from the large-scale crackdowns on individuals seen in the United States.
The new bill aims to soften the blows of changes for consumers by legitimizing a lot of commonplace but grey-area activities such as home taping of TV or copying CDs to other devices or for backup purposes. It would legalize personal recording of TV, radio and Internet programs for later viewing or listening — as long as this is not done to create a permanent library of duplicated work. It would also okay the practice of copying already-purchased music, film or other electronic works to other playback devices such as MP3 players — or for backup purposes.
In what might be called the YouTube exemption: Canadians will be also free to create video “mashups” that borrow from commercial works for posting online.
The legislation spells out in much sharper detail how materials can and cannot be used, and extends copyright protections for intellectual works. It extends copyright on sound recordings to 50 years from the time of publication of a musical performance. Photographers are designated as the “first owners” of copyright of their pictures, which would now be protected for half a century.
Ottawa is also proposing to codify rules for “unlocking” cellular phones so they can be used with other mobility providers. It’s already allowed today but the government is stipulating it can continue as long as consumers are not currently bound to a particular service provider by contract.
Source | Alternate Coverage 1 2 3 | See also under Internet: Copyright Act changes to be revealed today | India Gearing Up To Fight ACTA; Seeking Other, Like-Minded, Countries | Cyber Command: We Don’t Wanna Defend the Internet (We Just Might Have To) | Pentagon: Let us monitor your network or else | US appoints first cyber warfare general | Harper government secretly monitoring online chats about politics | Obama Czar Wants Mandatory Government Propaganda On Political Websites | Power Corp. open to charging for online content | NSA head confirmed as chief of US cyber command | Pirate Bay Appeal Judges Cleared of Bias | International Copyright Draft Release Was Apparently A One Time Deal: Now We’re Back To Secrecy | Industry Minister Clement invites input on Canadian digital economy | Google attorney slams ACTA copyright treaty | US regulators seek new network neutrality laws | CRTC approves usage-based internet billing | Red Alert: New Canadian DMCA Bill Within Six Weeks | Fox News Caught Aggregating Others Copyrighted Photographs… Something Murdoch Insists Is Illegal | Cybersecurity event seeks to spur international talks | Australian PM shelves web filter legislation until after election | China wants internet firms to inform on clients | Official ACTA Draft Released, Only Very Slightly Less Awful Than Expected | Big Content’s dystopian wish-list for the US gov’t: spyware, censorship, physical searches and SWAT teams | Danger Room What’s Next in National Security Prospective U.S. Cyber Commander Talks Terms of Digital Warfare | Thousands condemn secrecy of New Zealand round of internet copyright talks | Leading UK ISP Says It Will Defy Government’s Net Censorship Bill | Nikkei Restricts Links to Its New Web Site | Canadian researchers reveal another botnet in China, call for state cybersecurity | Internet linking rights case to go before Supreme Court | Isohunt Ordered to Remove Infringing Content | CETA worse than ACTA — EU Trade Negotiators Demand Canada Completely Overhaul Its Intellectual Property Laws | UK: Met Police launch net cafÃƒÆ’Ã‚Â© spy operation | ACTA Draft: No Internet for Copyright Scofflaws | UK Budget 2010: Darling puts emphasis on broadband for all | Entire Text of ACTA Treaty Leaks to Online Rights Website | Google reroutes uncensored search to Hong Kong, raises stakes in row with China | Revealed: ACTA to cover seven categories of intellectual property | New ACTA Leaks Complete Picture of Oppressive Global Copyright Treaty | Net produces new generation of human rights activists in China | U.S. cybersecurity bill introduced in Senate | Copyright conviction raises privacy concerns | U.S. feds snooping on Facebook | MP Charlie Angus Introducing Private Copying Levy Bill, Flexible Fair Dealing Motion | Secret Document Calls Wikileaks ‘Threat’ to U.S. Army | Pot, Palin and prorogation: Stephen Harper gets grilled on YouTube | Government Internet Censorship Begins In Stealth In New Zealand | PM turns to YouTube — and takes questions | EU Parliament votes down ACTA global copyright resolution by overwhelming margin | Cyber-bullying cases put heat on Google, Facebook | Cyberattacks push CSIS to reach out to business | United States weighs massive expansion of Internet monitoring | Cyberwar Hype Intended to Destroy the Open Internet | UK: Open Wi-Fi ‘outlawed’ by Digital Economy Bill | Cryptome.org Leaks Microsoft Online Surveillance Guide, MS Demands Takedown Under Copyright Law | Italy Convicts Google Execs over Youtube Video of Downs Syndrome Boy | China launches interview requirement, licensing for personal websites | More Details Emerging About School Laptop Spying, And It Doesn’t Look Good | School Spycams Case Explodes As Feds Initiate Probe | ACTA Internet Chapter Leaks: Renegotiates WIPO, Sets 3 Strikes as Model | Pennsylvania schools spying on students using laptop Webcams, claims lawsuit | Google Books Fosters Intellectual, Legal Crossroads | Google Bans Sale of DVD Critical Of Obama Administration | EU Already Has A ‘Public/Private’ IP Observatory To Watch For Copyright Infringement Online | Google shuts down music blogs without warning | Activists Shut Down Australian Government Websites in Internet Filter Protest | ACTA Is Called An ‘Executive Agreement’ To Implement Restrictive Copyright With Less Hassle Than A Treaty | Swedish Justice Minister reluctant to store internet user’s data | Google, NSA may team up to probe cyberattacks | Hollywood loses landmark copyright case in Australia | Police want backdoor to Web users’ private data | Time Magazine Pushes Draconian Internet Licensing Plan | UN agency calls for global cyberwarfare treaty, ‘driver’s license’ for Web users | CBC’s new licencing plan: Pay to Print, Email, and Blog, and outsource enforcement to American Copyright Digital Rights Bounty Hunters | ACTA One Step Closer To Being Done; Concerns About Transparency Ignored | Internet companies voice alarm over Italian copyright law | UK MPs frozen out of super-secret ACTA copyright talks | China Google Hack Exploited Security Gaps Introduced By State Surveillance Provisions | Privacy watchdog wants public input on social networking sites | Obama Information Czar Calls For Banning Free Speech | Obama Information Czar Outlined Plan For Government To Infiltrate ‘Conspiracy Groups’ | China tells web companies to obey controls | Google Considers Leaving China If China Will Not Allow Uncensored Search | Reading Between The Still Secret Lines Of The ACTA Negotiations | Privacy no longer a social norm, says Facebook founder | For more, visit The Memory Hole — Internet