1709 Blog: for all the copyright community

Wednesday, 7 March 2012

Canadian music industry comments on C-11 copyright reforms

ITBusiness.ca reports "that internet service providers, social sites and satirists appear to be in the cross hairs" of the Canadian Independent Music Association, the national trade organization that represents English-language Canadian companies in the music, sound recording and music-related industries. The site reports that CIMA have now made their representations to the federal legislative committee on “Bill C-11” – the copyright revision bill - and are seeking a series of amendments that would extend the proposed law's power saying “While Bill C- 11 does makes in-roads to modernize the [Canadian] Copyright Act in regards to Canada's obligations under international treaties, CIMA believes that some provisions of the bill will lead to significant problems for copyright owners in their efforts to protect their rights, determine the use of their works and to enjoy reasonable compensation for their intellectual property”. Among CIMA's proposed changes are:

• Changes in the wording of Section 18 of Bill C-11. This touches on the so-called “enabler provision” of the bill which currently, the law requires that a site be found to be “designed primarily” to enable copyright infringement to be considered engaged in violation of copyright laws. CIMA wants the phrase “designed primarily” cut out. CIMA is worried a broad interpretation of the law would be used as a loophole (the US record industry has similar complaints regarding the DCMA 'safe harbor' provisions).

• Extension of the private copying tariff to include digital audio recording devices such as MP3 players that are designed to copy music.

• Amendment of Section 23 of the Copyright Act. CIMA wants the term of copyright for music work be extended from life of the author plus 50 years to life of the author plus 70 years.

• Increase in the limit of statutory damages, and at a minimum providing for a provision for fees, while amending the language in Bill C-11 Section 46 (amending Sections 38.1(1) to (3) of the Act) to allow all victims of copyright infringement to seek compensation through the courts.

• Deletion of the phrase 'parody or satire' from Bill C-11 Section 21 (amending Section 29 of the Act).

As ever, comments. clarifications or corrections, whether fro those for or against the legislation, would be most welcome from our Canadian colleagues.

There’s a lot more and you can read it all here http://www.itbusiness.ca/it/client/en/home/News.asp?id=66389 and our previous blog here

More on terms extension by Michael Geist here http://www.michaelgeist.ca/content/view/6226/125/ and here http://www.michaelgeist.ca/content/view/6229/125/ and TechDirt’s earlier take here

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