Post Tagged with: "61 reforms"

61 Reforms to C-61, Day 20: TPMs – No Exception for Teaching

The "copyright balance" is a challenge that every country faces, yet the choices that each makes says a lot about which concerns are prioritized. Bill C-61 says virtually nothing about the prospect that teachers may find themselves locked out of materials that they need for the classroom, a position that sends an unfortunate signal about where education ranks as a governmental priority. The impact of anti-circumvention legislation has attracted significant criticism from some teachers groups, including the Canadian Association of University Teachers (Executive Director Jim Turk noted that "in prohibiting all circumvention, the proposed legislation will lock down a vast amount of digital material, preventing its use for research, education and innovation") and the Film Studies Association of Canada.

Other countries have pursued a different approach with respect to teaching and anti-circumvention legislation.

July 18, 2008 — 9 comments — News

61 Reforms to C-61, Day 19: TPMs – No Exception for Digital Archiving

Earlier this week, the U.S. Library of Congress issued a report on digital archiving in which it expressed concern about the obstacles created by DRM to the preservation of digital materials. This concern – which the Canadian government addressed in a narrow context for the Library and Archives Canada legal deposit program in 2006 – remains a major issues for archives across the country. Incredibly, Bill C-61 leaves the issue virtually untouched, potentially shutting out archives from preserving Canadian history in digital form. The bill includes a limitation on liability for archives for circumvention (Section 41.19 provides that archives that circumvent without awareness of a legal violation do not face financial damages) and lists archival interests as a potential factor for new exceptions, yet there is nothing to ensure that digital archiving is not locked out due to anti-circumvention legislation.

Other countries have recognized this danger and sought to address it.

July 17, 2008 — 3 comments — News

61 Reforms to C-61, Day 18: TPMs – No Exception for Personal Uses

One of the most common criticisms of Bill C-61 is its failure to distinguish between commercial and non-commercial uses. It is becoming increasingly clear that many Canadians believe that they should have the right to use their property – whether music, videos or other content – in a fair manner without the law painting them as infringers for personal uses. Unfortunately, Canadian rarely considers personal uses (the private copying levy is an exception). This is not true for all countries. For example, Lithuania (which has acceeded to the WIPO Internet treaties), includes a blanket exception for personal uses. Article 20 provides that:

It shall be permitted for a natural person, without the authorisation of the author or any other owner of copyright, to reproduce, exclusively for his individual use, not for direct or indirect commercial advantage, in a single copy a work published or communicated to the public in any other mode, where the reproduction is a single-action.

While this kind of provision alone would be welcome under Canadian law (and remove much of the complexity found in the new round of consumer-oriented exceptions), it is noteworthy that the Lithuanian anti-circumvention provisions include a specific exception that preserve this personal use right by requiring content owners to enable legitimate uses. Article 75 (1) states:

July 16, 2008 — 5 comments — News

61 Reforms to C-61, Day 17: TPMs – No Exception for Court Cases, Laws, and Government Documents

In order for the public to know their legal rights and obligations, access to the law is widely viewed as essential. Yet there is real danger that these kinds of materials – court decisions, legal statutes, and other government documents – could end up locked down using digital rights management. Other countries have recognized the danger of mixing digital locks, anti-circumvention legislation, and legal materials. For example, Sweden's implementation of anti-circumvention legislation tries to ensure access court cases and government documents that are subject to TPMs. Article 52f provides that:

July 15, 2008 — 6 comments — News

61 Reforms to C-61, Day 16: TPMs – No Exception for Fair Dealing

Bill C-61's single biggest failure is the fact that it does not preserve fair dealing in the digital environment. When I posted my fair copyright principles earlier this year, the very first principle was that no MP would "introduce, support, or endorse any copyright bill that, either directly or indirectly, […]

July 14, 2008 — 3 comments — News