Post by seb on Jun 2, 2010 22:35:34 GMT -5
www.680news.com/news/national/article/61838--sweeping-new-copyright-bill-sets-100-5-000-penalty-for-illegal-copies
Sweeping new copyright bill sets $100-$5,000 penalty for illegal copies
The Canadian Press >> Jun 02, 2010 20:43:12 PM
MONTREAL - Sweeping new federal copyright legislation would allow companies to seek damages ranging from $100 to $5,000 from people who illegally copy digital material like games and music.
The wide-ranging bill touches on virtually every area of the digital superhighway, affecting consumers' relationship with DVDs, CDs, MP3 players, the Web, and even their Internet service providers.
The bill would create a new legal category for personal users, separate from the previous law that lumped people and businesses together and set the same $1 million maximum penalty.
A key component of the new law would make it illegal to pick a digital lock and copy legally acquired material from, say, a video game or music CD to a computer.
The Conservative government says the new rules aim to bring Canada in line with international standards while also appeasing the entertainment industry.
The government said the digital-lock provision will be of particular help to the video-game industry, which employs 15,000 people in Canada.
``Canadian companies will benefit,'' Heritage Minister James Moore said.
``It is essential to protect these jobs and this creativity . . . to make sure Canada remains a centre of creativity.''
The Conservative government tabled the legislation in Parliament on Wednesday, and announced its contents at a news conference in Montreal. That news conference was held at the offices of a video-game maker.
The legislation follows the ill-fated Bill C-61, which the Tories tabled two years ago.
Bill C-61, tripped up by consumer outcry, also would have made it illegal to break digital copyright locks.
Industry Minister Tony Clement told The Canadian Press last week that the bill _ which must still pass through the minority Parliament _ is ``not chiselled in stone.''
He said there could be some ``positive amendments'' to the bill and is counting on co-operation from one or more of the opposition parties.
He conceded it would be difficult to please everyone. On Wednesday, he called the new legislation a long time coming.
``Canada is late to the table, quite frankly,'' Clement told a news conference.
``We've been trying as a Parliament to get copyright legislation through since 'Don't Go Breaking My Heart' was in the Top 10.
``So this has been taking a while.''
He said that when compared with the 88 countries that have signed or ratified the 1996 World Intellectual Property Organization treaties _ which Canada has signed but not ratified _ the new bill offers a standard approach to digital locks.
The new bill would also require Internet service providers to, when informed by a copyright owner that one of their customers is illegally downloading material, forward that notice to their customer. The Internet provider would also need to keep a record of that correspondence, for use in any eventual court proceeding.
Internet providers that fail to comply could face civil damages.
It would also be illegal to have more than one backup copy of a song or a movie. Users could, for instance, back up a copy of a legally acquired song, but could not dump a series of songs onto a USB key and share them with a friend. The possible penalty is $100 to $5,000.
Some common practices would remain legal under the bill:
* Recording TV shows or podcasts. Using such devices as PVRs fell under a grey area in the past law. Consumers would now officially be allowed to ``time shift,'' in other words record material for later use.
* Copying a song from a hard drive to an MP3 player. The proposed law allows for what's called ``format shifting'' of legally acquired material. For example, you're allowed to transfer a legally downloaded song onto a portable listening device.
* Creating a mash-up. People would be allowed to take existing copyrighted material, edit it, and create new material. Think of Youtube videos that splice together scenes from different movies. However, the proposed law sets out several important exceptions, including that mash-ups be done for non-commercial purposes and not harm the reputation of the original artist.
* Unlocking cellphones to change providers. Though the bill is extremely tough on breaking digital locks, the one notable exception is cellphones. Users would be able to unlock their cellphones as long they respect their existing contract.
* University of Ottawa Internet law expert Michael Geist welcomes sections of the new legislation that legitimizes consumer rights, such as allowing Canadians to make copies of their DVDs as back ups.
But he says the industry would have too much power when it comes to digital locks.
``The fundamental flaw, I think some would see as the fatal flaw in this legislation, is that its starting principle is one that wherever there is a digital lock, all of those rights cease to exist,'' Geist said.
``It feels like the government's putting up a big sign encouraging the use of digital locks.''
Sweeping new copyright bill sets $100-$5,000 penalty for illegal copies
The Canadian Press >> Jun 02, 2010 20:43:12 PM
MONTREAL - Sweeping new federal copyright legislation would allow companies to seek damages ranging from $100 to $5,000 from people who illegally copy digital material like games and music.
The wide-ranging bill touches on virtually every area of the digital superhighway, affecting consumers' relationship with DVDs, CDs, MP3 players, the Web, and even their Internet service providers.
The bill would create a new legal category for personal users, separate from the previous law that lumped people and businesses together and set the same $1 million maximum penalty.
A key component of the new law would make it illegal to pick a digital lock and copy legally acquired material from, say, a video game or music CD to a computer.
The Conservative government says the new rules aim to bring Canada in line with international standards while also appeasing the entertainment industry.
The government said the digital-lock provision will be of particular help to the video-game industry, which employs 15,000 people in Canada.
``Canadian companies will benefit,'' Heritage Minister James Moore said.
``It is essential to protect these jobs and this creativity . . . to make sure Canada remains a centre of creativity.''
The Conservative government tabled the legislation in Parliament on Wednesday, and announced its contents at a news conference in Montreal. That news conference was held at the offices of a video-game maker.
The legislation follows the ill-fated Bill C-61, which the Tories tabled two years ago.
Bill C-61, tripped up by consumer outcry, also would have made it illegal to break digital copyright locks.
Industry Minister Tony Clement told The Canadian Press last week that the bill _ which must still pass through the minority Parliament _ is ``not chiselled in stone.''
He said there could be some ``positive amendments'' to the bill and is counting on co-operation from one or more of the opposition parties.
He conceded it would be difficult to please everyone. On Wednesday, he called the new legislation a long time coming.
``Canada is late to the table, quite frankly,'' Clement told a news conference.
``We've been trying as a Parliament to get copyright legislation through since 'Don't Go Breaking My Heart' was in the Top 10.
``So this has been taking a while.''
He said that when compared with the 88 countries that have signed or ratified the 1996 World Intellectual Property Organization treaties _ which Canada has signed but not ratified _ the new bill offers a standard approach to digital locks.
The new bill would also require Internet service providers to, when informed by a copyright owner that one of their customers is illegally downloading material, forward that notice to their customer. The Internet provider would also need to keep a record of that correspondence, for use in any eventual court proceeding.
Internet providers that fail to comply could face civil damages.
It would also be illegal to have more than one backup copy of a song or a movie. Users could, for instance, back up a copy of a legally acquired song, but could not dump a series of songs onto a USB key and share them with a friend. The possible penalty is $100 to $5,000.
Some common practices would remain legal under the bill:
* Recording TV shows or podcasts. Using such devices as PVRs fell under a grey area in the past law. Consumers would now officially be allowed to ``time shift,'' in other words record material for later use.
* Copying a song from a hard drive to an MP3 player. The proposed law allows for what's called ``format shifting'' of legally acquired material. For example, you're allowed to transfer a legally downloaded song onto a portable listening device.
* Creating a mash-up. People would be allowed to take existing copyrighted material, edit it, and create new material. Think of Youtube videos that splice together scenes from different movies. However, the proposed law sets out several important exceptions, including that mash-ups be done for non-commercial purposes and not harm the reputation of the original artist.
* Unlocking cellphones to change providers. Though the bill is extremely tough on breaking digital locks, the one notable exception is cellphones. Users would be able to unlock their cellphones as long they respect their existing contract.
* University of Ottawa Internet law expert Michael Geist welcomes sections of the new legislation that legitimizes consumer rights, such as allowing Canadians to make copies of their DVDs as back ups.
But he says the industry would have too much power when it comes to digital locks.
``The fundamental flaw, I think some would see as the fatal flaw in this legislation, is that its starting principle is one that wherever there is a digital lock, all of those rights cease to exist,'' Geist said.
``It feels like the government's putting up a big sign encouraging the use of digital locks.''