Copyright reform timeline stands: Oda

The Conservative minority government has just over six weeks to make good on its avowed intention to introduce a bill to reform copyright legislation before the house breaks for the holidays on December 15. Department of Canadian Heritage minister Bev Oda appeared before the House of Commons Standing Committee on Canadian Heritage on October 18. When asked by Mauril Bélanger, Liberal MP for Ottawa-Vanier, whether the government was still on track to introduce its proposed copyright reform bill this year, Oda replied: "I know both Minister Bernier and I have made reference to the fall, and that is our intent and plan so far." While the Conservatives were only voted in on January 23, copyright reform was also a priority under the previous government, with Liberal minister of Heritage Liza Frulla introducing Bill C-60, into Parliament in June 2005. However, the current government seems bogged down by the same competing interests that the previous government found near-impossible to balance. During her appearance before the committee, Oda said she is "mindful that not all parties agree on how best to address the issue of copyright," and that staffers at both Heritage and Industry are working to draft legislation that equally considers the rights of both creators and copyright holders on one hand, and users of copyrighted material on the other. One member of the committee is frustrated with the delay. "We’ve had nothing in terms of clarity from this government...so it looks like late November they’re going to bring forward something," says Charlie Angus, NDP MP for the Ontario riding of Timmins-James Bay. Angus says that October 2 briefings by Danielle Bouvet, director of Heritage’s Copyright Policy Branch, and Albert Cloutier, director of Industry’s Intellectual Property Policy Directorate offered little insight into either department’s approach to copyright reform. He adds that minister Oda’s appearance several weeks later provided at least hints of the current government’s thinking on the matter. " said...that they’ve recognized the educational exemption," he says. "What that means and how that is going to tie into a larger bill remains to be seen." Ed Fast, Conservative MP for the BC riding of Abbotsford and another committee member, wouldn’t comment on either the timeline or the scope of the new legislation. However, he did offer his opinion on the World Intellectual Property Office’s Copyright and Performances and Phonograms treaties, which Canada has signed but has yet to implement. "I do have a concern that the longer this process is delayed, the greater the opportunity for young Canadians to get into the habit of using proprietary information for their own uses without paying for it," he says. While Fast is a partner in Abbotsford real estate law firm Fast Welwood and Wiens, he admits he’s still coming up to speed on copyright. "I’m certainly doing my best to bone up on the issue because...I know that it’s something, certainly the recording industry is…very anxious to have dealt with," he says. However, Angus says that when the bill is eventually introduced, it will be heavily scrutinized by the New Democrats, meaning a fast-track passage isn’t likely. "I’m hoping that we will be able to support some legislation and maybe amend it to ensure it is progressive legislation," he says. "We will not be supporting the unfettered use of digital locks, lockdown of cultural items by the big rightsholders, and the ability to sue kids." OUR READERS WRITERegarding the editorial of Oct. 18: We have a world where we need security technologies that allow the owners of digital technologies to better authorize who has control or access to computing resources. We also live in a world where the term "cyber-terrorism" has meaning, and where we need to be doing everything we can to protect critical communications infrastructure we depend on for our economy, democratic debate and lifestyles. We also have a world where governments are going out of their way to restrict these technologies. In the USA they have export controls on strong cryptography, the very technologies that must be in the hands of every citizen to protect their rights. This has slowed down the adoption of necessary technologies. A few special economic interests have policy-laundered through WIPO a treaty that suggests that if technology can be abused to infringe copyright, then control of these technologies should be taken out of the hands of all private citizens, law-abiding or otherwise. The purpose of security technology is to ensure that the owner remains in control of their own hardware, while the purpose of "anti-circumvention" legislation is to make it illegal for citizens to regain control of their own hardware from technologies which treat them as an "attacker" of what they own. When will we have governments that stand up and protect the basic property, privacy and other rights of its citizens who own digital technologies? Russell McOrmond, Policy CoordinatorCLUE: Canada’s Association for Open SourceOttawa, ON

Copyright reform timeline stands: Oda

Broadcast | October 31, 2006

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