Canada edges toward DMCA; anti-circumvention rules on the prowl [ip]

[Declan McCullagh <declan () well com>]

-------- Original Message --------
Subject: Canadian Gov't Unveils Copyright Reform Plans
Date: Thu, 24 Mar 2005 12:59:36 -0500
From: Michael Geist <mgeist () pobox com>
To: declan () well com

Declan,

This morning the Canadian government unveiled its plans for copyright
reform.  While a bill won't come for a couple of months, the
announcement spells out where the country is headed on WIPO and other
key copyright issues.  In a nutshell -- Canada is going to spared the
DMCA --

1.      The package will include an anti-circumvention provision
applied to copyright material. There is no mention of extending the
provision to devices (as is the case in the U.S.) and the specific
reference to applying the provision to copyright material suggests
that the provision will limit its applicability to circumvention to
commit copyright infringement. The rights management information is
similarly limited to instances to "further or conceal copyright
infringement." While no anti-circumvention provision would be better,
this suggests that the Canadian provision will feature some real
balance.

 Moreover, the government makes clear that "the circumvention of a
TPM applied to copyright material will only be illegal if it is
carried out with the objective of infringing copyright. Legitimate
access, as authorized by the Copyright Act, will not be altered."
This is very different from anti-circumvention provisions found in
the U.S. However, the government also notes that circumvention for
the purposes of private copying will not be permitted, meaning people
may find themselves paying for a CD and paying a levy on blank CD yet
unable to make the copy of the underlying CD.

2.      Canada will also be spared a DMCA-style notice and takedown
system.  The government is instead proposing a "notice and notice"
system -- content only comes down with a court order.

I've posted more info on my blog at http://www.michaelgeist.ca/

The government docs are at
http://pch.gc.ca/progs/ac-ca/progs/pda-cpb/reform/statement_e.cfm
http://pch.gc.ca/progs/ac-ca/progs/pda-cpb/reform/faq_e.cfm

MG
--
**********************************************************************
Professor Michael A. Geist
Canada Research Chair in Internet and E-commerce Law
University of Ottawa Law School, Common Law Section
57 Louis Pasteur St., Ottawa, Ontario, K1N 6N5
Tel: 613-562-5800, x3319     Fax: 613-562-5124
mgeist () pobox com              http://www.michaelgeist.ca


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