Bill C-32

Associations Against Digital Locks

Here is a short list of Canadian groups that are against the technological protection measure provisions in Bill C-11 :

All of the parties in opposition in Parliament had voiced concerns about these provisions on November 2nd, 2010.

Long-awaited copyright bill returns, but top court to wade in too

Long-awaited copyright bill returns, but top court to wade in too.

The above link is to an article from The Winnipeg Free Press, which confirms that the government intends on re-introducing Bill C-32, as is.

Copyright Reform In New Session

It appears that Bill C-32 will be re-introduced into Parliament virtually intact, according to Peterborough MP Dean Del Mastro.

In a Toronto Sun interview Del Mastro claimed that as a member of the special legislative committee on Bill C-32 he had not heard “a lot that was overly critical of the bill” from the many witnesses that testified for this committee.

Del Mastro believes that minor changes will be made to the legislation prior to its introduction by the newly appointed Minister of Industry, Christian Paradis. But the opposition, the NDP, state they will introduce amendments and negotiate with the government “Clause by Clause“.

The New Democrat Party have stated they support the extention of the blank audio media levy to mp3 players including iPods but oppose the digital lock provisions found in Bill C-32.

NDP MP Charlie Angus had introduced Private Members Bill C-499 last March, which would have enacted a levy on mp3 players.

Government Fails. Bill C-32 is Dead

The Copyright Modernization Act has died because of today’s non-confidence vote.

Bill C-32 had been proposed by Tony Clement, the Minister of Industry, and had referred to a Legislative Committee headed by Gordon Brown, MP for Leeds—Grenville (Ontario).

Hopefully it will be re-introduced minus some of the more questionable Digital Lock restrictions.

Liberals Respond To iPod Tax / Bill C-32

It appears that the Liberal Party do not support the so called iPod Tax after all, according to a press release found on their web site.

Like the conservatives they do not see any future for such levies. The Liberals would rather “introduce a new Private Copying Compensation Payment of $35 million to be transferred to Canadian artists each year, through the Canadian Private Copying Collective (CPCC)” according to the press release.

The funds for this compensation, for “uncompensated downloads”, would not come from ISPs or from a levy, the party having recognized that the consumer wants neither.

They also recognized the bill’s digital locks provision restricted the consumer’s ability to make personal copies of material they’ve purchased and would alter this provision to allow copies for personal use.

The other general alterations they propose are the clarification of the definitions of “fair use”, specifically the education use and “mash-up” provisions. They want educational institutions to qualify for the exemption.

Bill C-32 has been referred to a Legislative Committee headed by Gordon Brown, MP for Leeds—Grenville (Ontario).

Please contact your local Member Of Parliament to voice your comments and concerns in regards to the proposed amendments to the Copyright Act.

Thank you.

ACTRA Wants Hard Drives/Mp3 Players Levied

The Alliance of Canadian Cinema, Television and Radio Artists has asked the government to not only extend the private copying levy to Mp3 players but want hard drives levied and the fair dealing exemptions for educational institutions provisions dropped.

In a press release issued on November 16th, the organization claims that Bill C-32 “rips millions of dollars from creators’ pockets”. And in a November 5th press release they also state “Institutions pay the full cost of desks, computers and teacher salaries, why would they not pay for the content deemed valuable enough to use in their classrooms?

Well, according to the Private Copying amendments the items currently being levied are primarily used as recording media. Mp3 players failed to be levied because they were not technically recording media and hard drives and flash drives failed to be levied because they were not primarily used to copy audio recordings.

Has the situation changed since the last rulings ? No.

ACTRA may claim that Bill C-32 “isn’t good for consumers” but if the Copyright Act were altered to enable the levying of devices like Mp3 players and hard drives, the consumer would be paying significantly more via the manufacturers and importers of these devices.

One only has to review the exorbitant rates the Canadian Private Copying Collective had applied for on the levied media in the past to know that the Canadian consumer is secondary.

Does $21 per gig on mp3 players sound consumer friendly ? How about $2.27 per recordable/rewritable DVD ? Those were the requested rates for 2003/2004, as published in the March 9th, 2002 Supplement of the Canada Gazette (Supplement, Vol. 136, No. 10).

These proposed levies are in no way good for the consumer because it opens the door for additional levies on other products.

ACTRA not only represents radio artists but performers in film and television. And their November 16th statement they claim the film, television, video game and book industries would also face losses because of Bill C-32 :

If Canadian cultural industries are to keep producing films, TV programs, video games, music and books, we can’t afford a bill like C-32 that rips millions of dollars from creators’ pockets“.

The devices on which films, TV programs, video games and ebooks are recorded, downloaded and/or displayed are not currently levied and Bill C-32 calls for an ability by Canadian consumers to perform backups of some of this material.

What will be levied next ?