Canada to overhaul Copyright Laws for Digital Age
Posted on Thu, 12 Jun 2008 19:00:00 CDT | by Luigi Lugmayr
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By Randall Palmer
OTTAWA (Reuters) - Canadians will be allowed to copy legally acquired music to
their iPods and computers but would be banned from getting around any digital
locks that companies might apply, under new legislation introduced in Parliament
on Thursday.
The bill, introduced by Industry Minister Jim Prentice, would continue to exempt
Internet service providers from liability for copyright violations by their
subscribers, requiring them only to pass on notices of violations rather than to
take down offending material as required in the United States.
It would also allow consumers to record television and radio programs for
playing back at a later time, a practice known as time-shifting, but would
prohibit people from keeping them indefinitely in a personal library of
recordings.
In drafting the new legislation, the government said it faced the delicate task
of balancing the rights of content creators with the realities and needs of
everyday life in a digital world, and also realizing the difficulty of policing
possible personal infringements.
Prentice said of the issue: "It touches each and every one of us, and it is no
surprise to find so many different points of view with respect to copyright."
One online group, Fair Copyright for Canada, was set up on Facebook in advance
of the new bill to protest against the government's copyright plans and has
40,000 members.
Its creator, University of Ottawa professor Michael Geist, focused on provisions
under which it would be illegal to break digital locks.
"Prentice hands consumers a series of attention-grabbing new 'private rights'
but then proceeds to take them away in the digital environment," he wrote. "All
these rights force consumers to read the fine print -- you can shift a song or a
television show, but once it's locked down, your rights disappear and your
potential liability skyrockets."
However, a broad coalition of Canadian entertainment industry organizations --
representing 21,000 professional performers, 15,000 musicians, as well as the
music industry -- applauded the new legislation.
The bill would reduce Canadians' individual liability to C$500 ($490) from a
maximum of C$20,000 for making illegal copies of music or movies for private
use.
Penalties up to C$20,000 per infringement would apply if digital locks were
hacked, for example to make an unauthorized copy of a computer game.
These higher penalties would also still apply for posting music using the
Internet or peer-to-peer technology, or for posting a copyright-protected work,
such as a picture or video, onto a website such as Facebook or YouTube.
The bill would also make it illegal to provide, sell or import the hacking tools
used to circumvent digital locks.
Prentice was unable to say how the government would monitor whether people had
built up personal libraries of recordings from television.
The main opposition Liberal Party slammed the legislation as a half-baked
measure that neglected consulting all sides.
"How are you going to enforce this when existing jurisprudence doesn't allow you
to walk into someone's home?" asked Liberal Dan McTeague.
(Additional reporting by David Ljunggren and Louise Egan; editing by Rob Wilson)
© Copyright 2008 Reuters.
Posted on Thu, 12 Jun 2008 19:00:00 CDT | by Luigi Lugmayr
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