IN DEPTH
Updating the law
Copyright wish lists
Last Updated: Friday, July 31, 2009 | 3:37 PM ET
By Emily Chung, CBC News
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External Links
- Government of Canada: Copyright Consultation
- Alliance of Canadian Cinema, Television and Radio Artists (ACTRA)
- Canadian Association of Internet Providers
- Canadian Association of University Teachers
- Entertainment Software Association of Canada
- Information Technology Association of Canada
- Public Interest Advocacy Centre
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IN DEPTH: Copyright
- Copyright bill debate
- Locked cellphones
- Vancouver copyright forums
- Copyright future Q&A
- Bill C-61
- Music, games, video and personal playback hardware create a new landscape
Some want extra levies on iPods and other music players. Others want to make it legal to record TV shows to watch later, which is technically not permitted now.
Artists, technology companies, educators and others have a range of opinions on what should be included in an updated copyright law, many of which they are sharing with the federal government during public consultations that launched on July 20.
In announcing the consultations, the government said it wanted to strike a balance between the interests of copyright holders and those of users of copyrighted material. Most people agree, but they have differing opinions about what should be included.
Here's a roundup of some of their suggestions.
Canadian Association of Internet Providers
They represent: Internet service providers and other companies involved in providing internet services
Spokesperson: Tom Copeland, chair
They say the copyright law should:
Not require ISPs to take down content that allegedly infringes copyright
Nor do internet providers want to be required to cut off the internet service of alleged infringers. "I don't think Canadians want their ISPs to become agents of law enforcement," Copeland said. He added that traditionally, ISPs have passed on notices of copyright violation from the rights holder, but that is where their obligations ended.
Canadian Library Association
They represent: Individuals and groups involved in library or information sciences
Spokesperson: Robert Tiessen, chair of the association's copyright working group
They say the copyright law should:
1) End Crown copyright
"It's just causing too much trouble for Canadians to try and get permission to use things when the government publishes them," Tiessen said. He added that U.S. government publications are in the public domain, and Australia licenses government publications under a Creative Commons licence that allows the user far more rights than conventional copyright.
2) Help Canadians with disabilities access more materials.
Under the current law, people who are blind or deaf can convert copyrighted materials to certain formats so they can use them. Tiessen said his group favours expanding that to include whatever format a person with a perceptual disability might need. The association also would like such alternate format materials to flow freely between Canada and the U.S. as they did before the U.S. banned export of such materials in 2004, but Tiessen is not sure how the copyright law could address that.
3) Clarify fair dealing
Right now, it's very hard to interpret what qualifies as fair dealing, Tiessen said. For example, until a 2004 court decision, it wasn't clear whether people doing research for profit qualified for fair dealing – in fact, they do. Tiessen suggests:
- Basic guidelines should be included in the legislation based on court decisions.
- Canada should specify, as the U.S. has, that people who make a mistake that infringes copyright when they believed they were legally using something under fair dealing shouldn't have to pay damages.
4) Not require internet providers to take down materials that allegedly infringe copyright.
Many non-profit groups such as libraries and universities serve as ISPs, Tiessen said, and are concerned that free speech will be stifled by false allegations of copyright infringement.
Information Technology Association of Canada
They represent: Canada's technology industry, including telecommunications, internet services, hardware, microelectronics, software and electronic content.
Spokesperson: Bernard Courtois, president and CEO
They say the new copyright law should:
1) Let researchers break digital locks
Research and innovation in fields like cryptography and security involve breaking digital locks, and don't lend themselves well to requirements to seek consent from the copyright holder in advance, Courtois said. Such consent was required by Bill C-61. Courtois suggested that researchers could be asked to prove they were doing research after the fact.
2) Target penalties at people who profit by violating copyright
The law should make clear that taking copyrighted material without permission is stealing, and focus penalties on "people who are making a business of being crooks, not the innocent consumer who was doing things for personal use," Courtois said. That will protect the ability of creators to innovate, he added.
3) Let customers tinker with their purchases
Markets grow when consumers get value for their money, Courtois argued, and that means consumers should:
- Be able to use a product on multiple devices or networks.
- Be able to tinker with it to ensure compatibility with other software or even other networks, in the case of cellphones that have been locked to one provider.
- Not require copyright levies for additional uses.
Courtois said Bill C-61 would have hamstrung innovations such as the digital video recorder by allowing it to record TV shows in a person's home, but not run remotely over a network. He argued that companies offering such remote services should not have to pay additional copyright fees and pass them on to consumers because the rights holder has already been paid.
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Canadian courts have ruled against extending copying levies to digital recorders and music players such as iPods. (Canadian Press)
The Entertainment Software Association wants to make it illegal to break digital locks both on video game disks and consoles. (CBC)
The new law should enshrine the right to record TV shows with a personal video recorder and watch them at a more convenient time, says John Lawford of the Public Interest Advocacy Clinic. (Jim Mone/Associated Press)
