[d@DCC] Fwd: CIPPIC Media Release - Copyright Bill C-32

From: Russell McOrmond <russell _-at-_ flora.ca>
To: discuss (at) list.digital-copyright.ca
Date: Mon, 07 Jun 2010 14:51:48 -0400

Well done, and to the point!

-------- Original Message --------
Subject: CIPPIC Media Release - Copyright Bill C-32
From: "CIPPIC" <cippic@uottawa.ca>
To: cippic@uottawa.ca
CC: 

FOR IMMEDIATE RELEASE

 

New Copyright Bill a Jekyll and Hyde:  

 

Reflects Realities of Canadians' Content Creation and Experience, 

Imports Worst of US Digital Copyright Law 

 

Ottawa, ON - June 7, 2010 - The Sameulson-Glushko Canadian Internet Policy
and Public Interest Clinic (CIPPIC) is concerned that Bill C-32, the
government's latest attempt at reforming Canadian copyright laws, puts
Canadians' interests second.

 

"This is a Jekyll and Hyde Bill," states David Fewer, CIPPIC's Director.
"The Bill is very, very good in many respects.  It modernizes Canadian
copyright law to reflect the reality of how Canadians access, experience and
create content.  But then it throws those rights away whenever a distributor
slaps a digital lock on that content."

 

The Bill offers many important and welcome exceptions and creation rights,
including:

 

.      Clarifying the legality of fair parodies and satires

.      Clarifying that educational dealings with content will not infringe
copyright if fair

.      Legalizing time-shifting (the practice of recording content for later
viewing - this amendment at long last legalizes the use of VCRs and PVRs)

.      Legalizing format-shifting (the practice of moving content from one
medium - a music CD, for example - to another - such as one's computer, or
an iPod)

.      Clarifying the legality of non-commercial user-generated content
(legalizing mash-ups and amateur karaoke shared online through platforms
like Facebook and YouTube)

 

"It's clear that the Bill's drafters were listening to Canadians during last
summer's Copyright Consultations", notes Fewer.  "These reforms are
balanced, reflect Canadians' interests and were all badly needed.  It's nice
to see use of the VCR finally legalized after over thirty years!"

 

The problem is that these and other creative dealings with content will not
apply where access to that content can only be gained by breaking a digital
lock.

 

"On the issue of digital locks, it's equally clear that the Bill's drafter
was listening to other stakeholders.  The digital lock provisions match very
nicely with American demands, not the views of Canadians", states Tamir
Israel, CIPPIC's Staff Lawyer.  "As with the last Conservative government
attempt to amend the Copyright Act (Bill C-61), this new Bill adopts the
worst elements of the failed US DMCA law.  It allows distributors to expand
copyright protection effectively without limit through technology to lock
consumers out of legally using the content they've bought and paid for.
This is really disappointing given the clear message ordinary Canadians
offered the government on this issue at last summer's consultations:
Canadians wanted digital locks governed by rational laws that put Canadians'
interests first.  That's not what's been delivered."

 

"Under this Bill, locks trump user rights," observes Fewer.  "Digital locks
allow distributors to restrict access to content well beyond the balance
struck in the Copyright Act.  What this means for consumers is that you can
put unprotected music files on your iPhone, but you can't take a movie off
your DVD and put it onto the same device.  The DVD has a digital lock on it.
Breaking that lock to enjoy content you've paid for on your device of choice
will break the law under this Bill."

 

Israel notes that it is not just consumers who lose rights under this
approach to digital locks.  "You can't access your fair dealing rights if
you can't access the content, and you can't access the content without
breaking the law.  This means that reporters won't be able to access locked
content for use in news shows and newspapers.  Documentary filmmakers won't
be able to access protected content for use in documentaries.
Whistleblowers won't be able to break encrypted content to bring malfeasors
to justice.  Educators won't be able to present protected content to their
students.  And this problem is only going to get worse as more and more
content goes online onto protected platforms.  It completely undermines the
careful balance struck by Canadian Copyright law.  "

 

Fewer notes that "This is all the more frustrating since there is an
alternative, common sense approach to digital locks available:  outlaw the
breaking of a digital lock to infringe copyright, and maintain the current
legality of breaking a lock for legal dealings.  If I'm not infringing
copyright, why does the government want to stop me from accessing content?"

 

CIPPIC is calling on Canadians to contact their MPs to express their support
for Bill C-32's user and creator rights, but to fix its approach to
anti-circumvention rights.  "This Bill is going to come under heavy fire
from copyright lobbyists," notes Fewer.

 

CIPPIC will be undertaking a number of initiatives in the coming weeks to
allow ordinary Canadians to tell their MPs how Bill C-32 can reflect
Canadian interests:

 

.      CIPPIC is launching a Twitter petition asking Heritage Minister James
Moore to amend Bill C-32 so that it better reflects Canadian interests

.      CIPPIC's advocacy site DigitalAgenda.ca is launching an online letter
writing campaign to allow Canadians to ask MPs to support C-32's commitment
to balanced copyright while fixing its digital lock flaws

.      CIPPIC is launching an ambitious education program through
DigitalAgenda.ca to better inform Canadians of C-32's features and flaws.

 

Above all, CIPPIC will promote Canadians' participation in the coming
process of reviewing Bill C-32.  "There is no better way of making your
views known than writing or even meeting with your MP," notes Fewer.

 

About CIPPIC: CIPPIC is the Samuelson-Glushko Canadian Internet Policy and
Public Interest Clinic, Canada's only technology law clinic, and a part of
the Centre for Law, Technology and Society and the University of Ottawa.
CIPPIC was established in 2003 at the University of Ottawa, Faculty of Law,
Common Law Section. CIPPIC's mandate is to advocate for balance in policy
and law-making on issues arising out of new technologies. 

 

- 30 -

 

For more information, contact:

 

David A. Fewer
Director, CIPPIC 
-- 
Sent from my Android (Nexus One) phone. Please excuse my brevity. http://flora.ca
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