TORONTO—Revised copyright laws are stirring passionate debate as the government re-introduces a bill to update the copyright act after the last election killed the bill’s even more contentious predecessor.
“Our government promised to introduce legislation that will modernize Canadian copyright law for the digital age while protecting and creating jobs, promoting innovation and attracting new investment to Canada,” said Minister of Industry Tony Clement in a statement.
“This legislation will ensure that Canada’s copyright laws are forward-looking and responsive in a fast-paced digital world.”
Heritage minister James Moore described the bill as a “common-sense balance between the interests of consumers and the rights of the creative community.”
“The bill is flexible, reflects the changing behaviours of consumers and the evolution of technology, and responds to what we heard in the consultations,” he said.
But while most critics of the previous bill, C-61, say the revised legislation, C-32, is an improvement, strong criticism remains surrounding the issue of digital locks. Digital locks include various digital rights management systems that control how consumers can use their digital media content and devices, such as encoding systems that block consumers from copying their music CDs.
While the locks provision has remained relatively unchanged from the previous bill, consumers will be able to unlock their cell phones so they can change providers under the new bill.
Critics charge the proposed legislation puts rights of content creators before those of consumers by preventing people from carrying out routine back-ups to protect purchased content.
“Under this bill, the only rights you will have as a consumer are the rights the U.S. corporate lobby gives you,” charged New Democrat copyright critic Charlie Angus.
“The digital lock is a key issue because the digital lock erases the natural copyright freedoms a citizen enjoys,” Angus told reporters.
“If I buy a product and I want to back it up, I shouldn’t be stopped from that just because Sony or Los Angeles says I can’t. That is the problem. To treat average citizens as if they were counterfeiters, to blur the distinction between ripping off a work to make a buck and backing up something you bought.”
One of Canada’s foremost experts on copyright law reported weeks ago that the digital lock provisions would remain after Minister Moore, who was arguing for them, won an internal battle over Minister Clement, who wanted them revised.
Michael Geist, a law professor at the University of Ottawa and Canada Research Chair in Internet and E-commerce Law, said Moore won that battle primarily because of mounting pressure from the U.S., which was calling for Canada to enact similar legislation to that already in place south of the border.
Despite the digital locks issue, Geist said there was much to like in the new bill, including provisions that secured fair-use rights for content producers re-mixing protected content for parody and satire and educational use.
“It also contains more sensible time shifting and format shifting,” he noted, referring to common practices like recording television shows or changing music formats so files can be played on mp3 players.
Unfortunately, said Geist, those inroads are secondary to the digital locks provision.
“All the attempts at balance come with a giant caveat that has huge implications for millions of Canadians. The foundational principle of the new bill remains that any time a digital lock is used—whether on books, movies, music, or electronic devices—the lock trumps virtually all other rights.”
That means that provisions that allow for duplicating educational copyright-protected content are pushed aside where digital locks are involved.
“Clement has indicated that the government is open to amendments and the opposition parties should place reform of the digital lock provisions at the very top of the list.” said Giest.
But while the U.S. has been lobbying Canada for years to update copyright legislation—going as far as putting Canada at the top of its list of nations accused of pirating U.S.-generated content—Canadian content producers have made similar calls.
The Canadian Film and Television Production Association (CFTPA), which represents over 400 film, television, and online screen-based entrepreneurs, has applauded the new bill.
“Clarity with respect to the ownership of creative works is one of the essential building blocks on which our industry is built,” Norm Bolen, President and CEO of the CFTPA, said in a statement.
“While we will need to study the bill in detail, we believe that today’s announcement is an important first step in bringing Canada in line with our competitors around the world, allowing our creative industries to flourish.”
The group said the new legislation will protect the more than 160,000 film and television-related jobs across the country.
The Entertainment Software Association of Canada is also supporting the new bill, saying it will help curb piracy of digital content like video games.
“Without strong protection for our intellectual property, we’re basically operating in a digital Wild West,” executive director Danielle Parr said in a statement.
“Promoting piracy under the guise of ‘user rights’ does nothing to defend the livelihood of thousands of Canadians who rely on turning great ideas into world class entertainment.”
Some groups, including the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), even charge the bill does not go far enough.
“We’re happy to see that after 13 years of embarrassment on the world stage we’re finally catching up to international norms by becoming WIPO compliant,” said Stephen Waddell, ACTRA’s National Executive Director.
“But overall this bill is a real blow to artists.”
ACTRA wants content creators to get paid for format shifting and private copying, which the new legislation legalizes. They want consumers to pay a fee for copying content to digital devices.
“How is it ‘balanced’ to allow people to make copies of our work without giving us anything in return? Half the bill is missing, the half that respects and pays creators,” said Ferne Downey, ACTRA National President.
“The simple step of extending the private copying levy to digital devices is a win-win solution for consumers and artists. It seems like it would have been a no-brainer.”
ACTRA wants a levy attached to digital devices like iPods similar to that attached to CDs and DVDs which gives a portion of sales to artists based on the assumption that discs and devices will be used to duplicate copyrighted content.
Another change from the previously introduced but discarded bill is that the new law makes a distinction between personal pirates and those operating on a commercial basis. The new bill downgrades the penalty for individual copyright violation from a $20,000 maximum penalty to $5,000.
The government says the new bill is needed because of a rapidly changing media landscape. The old copyright act existed before new technologies like mp3 players and digital books, which have changed the way Canadians use copyrighted content. The government said the new bill will bring Canada in line with international standards and promote “home-grown innovation and creativity.”
This is the third time the government has tried to update the act. Before the Conservatives came to power, the Liberals also tried, and failed, to update copyright legislation.
“Our government promised to introduce legislation that will modernize Canadian copyright law for the digital age while protecting and creating jobs, promoting innovation and attracting new investment to Canada,” said Minister of Industry Tony Clement in a statement.
“This legislation will ensure that Canada’s copyright laws are forward-looking and responsive in a fast-paced digital world.”
Heritage minister James Moore described the bill as a “common-sense balance between the interests of consumers and the rights of the creative community.”
“The bill is flexible, reflects the changing behaviours of consumers and the evolution of technology, and responds to what we heard in the consultations,” he said.
But while most critics of the previous bill, C-61, say the revised legislation, C-32, is an improvement, strong criticism remains surrounding the issue of digital locks. Digital locks include various digital rights management systems that control how consumers can use their digital media content and devices, such as encoding systems that block consumers from copying their music CDs.
While the locks provision has remained relatively unchanged from the previous bill, consumers will be able to unlock their cell phones so they can change providers under the new bill.
Critics charge the proposed legislation puts rights of content creators before those of consumers by preventing people from carrying out routine back-ups to protect purchased content.
“Under this bill, the only rights you will have as a consumer are the rights the U.S. corporate lobby gives you,” charged New Democrat copyright critic Charlie Angus.
“The digital lock is a key issue because the digital lock erases the natural copyright freedoms a citizen enjoys,” Angus told reporters.
“If I buy a product and I want to back it up, I shouldn’t be stopped from that just because Sony or Los Angeles says I can’t. That is the problem. To treat average citizens as if they were counterfeiters, to blur the distinction between ripping off a work to make a buck and backing up something you bought.”
One of Canada’s foremost experts on copyright law reported weeks ago that the digital lock provisions would remain after Minister Moore, who was arguing for them, won an internal battle over Minister Clement, who wanted them revised.
Michael Geist, a law professor at the University of Ottawa and Canada Research Chair in Internet and E-commerce Law, said Moore won that battle primarily because of mounting pressure from the U.S., which was calling for Canada to enact similar legislation to that already in place south of the border.
Despite the digital locks issue, Geist said there was much to like in the new bill, including provisions that secured fair-use rights for content producers re-mixing protected content for parody and satire and educational use.
“It also contains more sensible time shifting and format shifting,” he noted, referring to common practices like recording television shows or changing music formats so files can be played on mp3 players.
Unfortunately, said Geist, those inroads are secondary to the digital locks provision.
“All the attempts at balance come with a giant caveat that has huge implications for millions of Canadians. The foundational principle of the new bill remains that any time a digital lock is used—whether on books, movies, music, or electronic devices—the lock trumps virtually all other rights.”
That means that provisions that allow for duplicating educational copyright-protected content are pushed aside where digital locks are involved.
“Clement has indicated that the government is open to amendments and the opposition parties should place reform of the digital lock provisions at the very top of the list.” said Giest.
But while the U.S. has been lobbying Canada for years to update copyright legislation—going as far as putting Canada at the top of its list of nations accused of pirating U.S.-generated content—Canadian content producers have made similar calls.
The Canadian Film and Television Production Association (CFTPA), which represents over 400 film, television, and online screen-based entrepreneurs, has applauded the new bill.
“Clarity with respect to the ownership of creative works is one of the essential building blocks on which our industry is built,” Norm Bolen, President and CEO of the CFTPA, said in a statement.
“While we will need to study the bill in detail, we believe that today’s announcement is an important first step in bringing Canada in line with our competitors around the world, allowing our creative industries to flourish.”
The group said the new legislation will protect the more than 160,000 film and television-related jobs across the country.
The Entertainment Software Association of Canada is also supporting the new bill, saying it will help curb piracy of digital content like video games.
“Without strong protection for our intellectual property, we’re basically operating in a digital Wild West,” executive director Danielle Parr said in a statement.
“Promoting piracy under the guise of ‘user rights’ does nothing to defend the livelihood of thousands of Canadians who rely on turning great ideas into world class entertainment.”
Some groups, including the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), even charge the bill does not go far enough.
“We’re happy to see that after 13 years of embarrassment on the world stage we’re finally catching up to international norms by becoming WIPO compliant,” said Stephen Waddell, ACTRA’s National Executive Director.
“But overall this bill is a real blow to artists.”
ACTRA wants content creators to get paid for format shifting and private copying, which the new legislation legalizes. They want consumers to pay a fee for copying content to digital devices.
“How is it ‘balanced’ to allow people to make copies of our work without giving us anything in return? Half the bill is missing, the half that respects and pays creators,” said Ferne Downey, ACTRA National President.
“The simple step of extending the private copying levy to digital devices is a win-win solution for consumers and artists. It seems like it would have been a no-brainer.”
ACTRA wants a levy attached to digital devices like iPods similar to that attached to CDs and DVDs which gives a portion of sales to artists based on the assumption that discs and devices will be used to duplicate copyrighted content.
Another change from the previously introduced but discarded bill is that the new law makes a distinction between personal pirates and those operating on a commercial basis. The new bill downgrades the penalty for individual copyright violation from a $20,000 maximum penalty to $5,000.
The government says the new bill is needed because of a rapidly changing media landscape. The old copyright act existed before new technologies like mp3 players and digital books, which have changed the way Canadians use copyrighted content. The government said the new bill will bring Canada in line with international standards and promote “home-grown innovation and creativity.”
This is the third time the government has tried to update the act. Before the Conservatives came to power, the Liberals also tried, and failed, to update copyright legislation.
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