Re: [d@DCC] Chronology of Canadian Copyright Law

From: Russell McOrmond <russell _-at-_ flora.ca>
To: "General Copyright Discussions \(questions, organizing, etc\)" <discuss (at) list.digital-copyright.ca>
Date: Thu, 15 Feb 2007 16:55:31 -0500
References: <Pine.LNX.4.64.0612271314430.29652@calcutta.flora.ca> <45D3869B.10800@mfe.ca>

Darryl Moore wrote:
> Hi Russell, I forgot to have a look at this when you originally asked. I 
> did have a quick look just now as I continue to compile information for 
> my DVD ROM project. Two things, I think should be included.
> 
> 1) a chart or something which identifies when terms of copyright were 
> changed in the past
> http://www.gseis.ucla.edu/~howard/Papers/copyright99.html

   It is my understanding that Canada has always been a life+50 country 
for as long as Canada had copyright.  I don't have a copy of the 1921 
bill, but Canada ratified the life+50 of Berne in 1928.  I don't know of 
any extensions since that time.

   Remember: much of the discussion about US copyright doesn't apply to 
Canada, including various copyright extensions, Fair Use (what made the 
VCR legal), and so-on.


  Maybe someone can correct me on that, but I don't see anything that 
references an overall change.  There may have been changes relating to 
specific types of creativity, such as the extension proposed for some 
photography in Bill C-60.

> 2) a mention in the 1989 entry into NAFTA caused the loss of "first 
> sale" doctrine with regard to software.

   Do you have references?  When researching I couldn't find a specific 
reference of when Canada adopted Copyright for Computer Software. 
Everything I have read suggests that this only happened in 1988, and I 
don't see any references to suggest that when Software received 
copyright that it had "first sale".


Thoughts:  When you read a book, no "copies" are said to be made, so 
there is no need for a license (bare or EULA contract).  This isn't the 
case for software or any digital media, so even if the medium had "first 
sale" for digital media, that this wouldn't have any meaning given any 
access involves a copy that is currently considered covered by 
copyright.  The license or EULA required to install and run the software 
could exclude rental or resale, even if the medium had "first sale".

   We do need to modernize copyright to suggest that all true private 
copying and communication is *unregulated* by the act completely.  This 
will be hard to word to be "clear and simple" such that any regular 
access, as well as time, space and device shifting are carved out, but 
not carving out if someone "borrowing" physical media and not deleting 
private copies when the media is returned.


   Again -- this is just from my reading thus far, so I'd be interested 
in any references to update my understanding of these things.

-- 
  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
  Please help us tell the Canadian Parliament to protect our property
  rights as owners of Information Technology. Sign the petition!
  http://www.digital-copyright.ca/petition/ict/

  "The government, lobbied by legacy copyright holders and hardware
   manufacturers, can pry my camcorder, computer, home theatre, or
   portable media player from my cold dead hands!"
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