Recent announcement by Librarian of Congress of new exemptions to the Digital Millennium Copyright Act makes Canada’s proposed Copyright Reform Bill (C-32) look more draconian than ever, and rather than bring it “in line with international standards” as intended now puts it above and beyond countries like the US.
Yesterday the Librarian of Congress announced a number of exemptions to the Digital Millennium Copyright Act regarding the circumvention of access-control technologies (digital locks), suddenly making Canada’s proposed Copyright Reform Bill (C-32) more restrictive and arguably outdated before it’s even come close to becoming law.
How so? Canadian law professor Michael Geist of the University of Ottawa breaks down a comparison of the two:
- U.S. rules contain a mandatory review of anti-circumvention exceptions every three years. There is no mandatory review of the exceptions in the Canadian bill.
- U.S. rules contain an exception for unlocking and jailbreaking a cellphone. Canadian rules only cover unlocking.
- U.S. rules contain an exception for education to circumvent DVD protection to gather a short clip. Canadian rules, despite various new education exceptions, would treat this as an infringement.
- U.S. rules contain an exception for documentary film makers to circumvent DVD protection to gather a short clip. Canadian rules, despite various new creator exceptions for parody and satire, would treat this as an infringement.
- U.S. rules contain an exception for everyone to circumvent DVD protection to gather a short clip to create non-commercial videos. Canadian rules include an exception for non-commercial videos, but do not exempt circumvention.
- U.S. rules contain an exception for e-books designed to facilitate access for the sight impaired. The Canadian rules do not contain a similar exception.
- U.S. law contains a flexible fair use provision that covers everything from recording television shows to making backup copies. Moreover, at least one U.S. appellate court has factored these rules when considering the DMCA. The Canadian rules contain a series of new fair dealing exceptions that are collectively still more restrictive than the U.S. fair use and are still subject to digital locks.
Tony Clement, Canada’s minister of industry who, along with Heritage Minister James Moore, proposed Bill C-32 back in June, twittered that “to all those interested in the American DMCA ruling I’ve asked the Dept to study its implications for Bill C32,” while Moore simply twittered a link to a story about the falling value of music sales that he says “shows again the need for ongoing reform.”
When announcing the legislation back in early June both promised that it “will ensure that Canada’s copyright laws are forward-looking and responsive in a fast-paced digital world.” Apparently it’s too fast-paced, its anti-circumvention exceptions, as Geist points out, having become “outdated in less than ten weeks.”
With guys like this running trying to “reform” copyright laws in Canada it makes you realize just how important the debate really is. They said Bill C-32 will “bring Canada in line with international standards and promote home-grown innovation and creativity,” but appears now their proposed legislation will bring Canada to the line and then jump over it to make its own.
When the US, home to the world’s largest and most deep-pocketed copyright holder cartels, is more progressive on copyright legislation you know that your country’s gone way too far.
Stay tuned.
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- A Detailed Look at Bill C-32 – Canada’s Copyright Reform Bill (Part 5)
- Canadian Documentarians Infuriated Over Copyright Legislation
It really shows that after the whole fiasco of doing whatever they want as long as the Americans are satisfied is still alive and well in the legislative process. The Canadian government, once again, has proven that they don’t give a damn about what Canadians think and care more about what the US laws are looking like. Thousands turn out to protest the government over copyright? Pah, that’s nothing! The American review of the DMCA hammering out a few exceptions? Whoa! We need to review the current bill! I’ve lost what little respect they gained from me through the consultation thanks to a stunt like this even though it is positive.