Appeared in the Toronto Star on August 21, 2006 as Public Sector Should Step in if Private Can't Provide Canadian Internet policy has long been based on the principle of private sector leadership. The 2005 Canadian Internet Use Survey, released last week by Statistics Canada, suggests that the approach […]
Articles by: Michael Geist
“Would You Trust These People?”
David Basskin, the head of the CMRRA, commenting on the recording industry as both prepare for a major hearing at the Copyright Board of Canada on online music downloads, has the following to say about the recording industry and the interests of songwriters and music publishers: "Record companies do not […]
30 Days of DRM – Day 02: Region Coding (Markets)
The premise behind region coding is fairly straight-forward. With DVD region coding, the world is divided into eight regions (Canada and the U.S. form Region One). Consumer electronics manufacturers have agreed to respect region coding within their products by ensuring that DVD players only play DVDs from a single region. The net effect is that Canadian-purchased DVDs will play on Canadian-bought DVD players, but DVDs purchased in Europe, Australia, or Asia (all different regions), are unlikely to work on those same DVD players (with the exception of those DVDs that are region coded zero, which can be played worldwide). The is also true for playing the DVDs on a personal computer – my Macintosh will only allow a limited number of region changes.
Note that the use of region coding has nothing to do with traditional notions of copyright law. The underlying work may involve a copyrighted work – DVDs and video games regularly use region coding – yet the protection is designed to manipute markets by restricting the ability to use fully authorized copies of works.
30 Days of DRM – Day One: Linking Copyright and Anti-Circumvention (Markets)
So what are anti-circumvention provisions? They are provisions that grant legal protection to technological protection measures (TPMs). In plainer English, traditional copyright law grants creators a basket of exclusive rights in their work. TPMs or digital locks (such as anti-copying technologies on CDs) effectively provide a second layer of protection by making it difficult for most people to copy works in digital format. Anti-circumvention legislation creates a third layer of protection by making it an infringement to simply pick or break the digital lock (in fact, it even goes further by making it an infringement to make available tools or devices that can be used to pick the digital lock). Under the DMCA, it is an infringement to circumvent a TPM even if the intended use of the underlying work would not constitute traditional copyright infringement.
This broad legal protection for TPMs has raised numerous issues over the past eight years.
Copyright Board Issues Ringtone Decision
The Copyright Board of Canada has issued its decision involving SOCAN's application for a ten percent royalty on ringtones. The application was opposed by CRIA and the telcos (I wrote about the issue in 2004). The Board awarded six percent. More once I read the decision (Hat Tip: Howard Knopf).