Advocates call for more discussions on proposed copyright bill

A week after Industry Minister Jim Prentice tabled copyright legislation to combat online piracy, calls have emerged for more discussion on the proposed bill to ensure balance for the rights of consumers and content providers."There's very little for the consumer in the bill," says Jeremy de Beer, a University of Ottawa professor who has been critical of the proposed legislation.Prentice tabled the legislation last week, calling it a move to update Canada's copyright laws in the digital era. Among other things, the legislation proposes capping penalties for piracy at $500. The current legislation, which hasn't been updated in a decade, carries a maximum fine of $20,000 for infringements, although it's primarily intended to catch commercial cheaters.However, critics have slammed the proposed bill for trumping consumer rights, despite a number of provisions inserted in the legislation to create balance for consumers and content providers. For instance, the proposed legislation allows for format shifting, such as copying a CD to an iPod. But de Beer says the provisions are laden with limitations to be of any use to the consumer."So consumers do not have the rights that the law says they do. Consumers have only the right that content owners choose for them," he says, adding that the bill does not support Canadian content creators, but favours content owners."The problem is that the content owner-like a record company for example-is not usually the content creator."Charlie Angus, NDP critic for public works and government services, says the proposed limitations on consumer rights are "extraordinary" because they give protection to any content under a digital lock.In a statement, the Canadian Innovation Software Alliance also criticized the bill, arguing that it criminalizes legitimate computer software tools which could be used for unlocking digital locks. "It is very similar to banning screwdrivers and pliers just because they can be used to commit crimes such as burglary," said Bob Young, CEO of Lulu.com, a CSIA member.Despite the criticisms, the proposed legislation does attempt to protect consumer rights by creating a new set of exceptions like format shifting, and the right to broadcast at one's convenience (time shifting), says Barry Sookman, an Internet and e-commerce lawyer with the Toronto-based law firm McCarthy Tétrault. As well, Sookman says the $500 cap in fines represents significant changes to statutory damages.With the House of Commons breaking for the long summer recess soon, the bill goes before committee hearings in the fall, which will provide an opportunity for more input and amendments. Angus says the NDP plans to broaden discussion on the bill by bringing witnesses from various stakeholders before the committee. The NDP also plans to table amendments to ensure balance for the rights of consumers and content providers, he adds."They were thinking they would sneak it past the public without comment, but that's not going to happen," says Angus.While there's a possibility for tweaking and amending the bill at committee stage, de Beer casts a pessimistic outlook on more deliberation, though he says he supports the idea. "Ideally, you would want input before the bill is drafted. There's a possibility for a little tweaking, though at that stage, it is very likely to be too late for any fundamental changes in the bill."Duncan McKie, president and CEO of the Canadian Independent Record Production Association (CIRPA), hails the bill as a first step towards protecting the record industry from piracy and condemned calls for more discussions on the bill, a viewed echoed by Sookman."I would say there's nowhere in Canadian copyright history that a bill has been debated so widely," says Sookman.

Advocates call for more discussions on proposed copyright bill

Broadcast | June 18, 2008

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