Bill C-11 Is Now Law
Bill C-11’s amendments to our Copyright Act have come into force today.
This means we are now no longer able to perform private copies, copies for personal use, from copy protected recordings.
We can continue to make personal copies from legally purchased recordings that are not protected by digital rights management. But copy protected CDs, DVDs and Blu-rays can now no longer be copied, even for backup.
It should be noted that the vast majority of CDs are not copy protected anyway, copy protection having failed in 2005 because of the Sony BMG rootkit issues. And the music industry appears to have adopted the mp3, iTunes having included an ability to convert music into that format in their software. But some consumers are still concerned that they could be subjected to experimental copy protection schemes in the future.
To prevent music recordings from being leaked prior to their release date the labels could experiment with copy protection schemes within the industry and later attempt to adopt this format in their distribution to consumers, causing compatibility and security issues.
The technological protection measure provisions were primarily added to protect the film and software industries, but we have yet to see their interpretations in action. And as consumers we will need to remain vigilant.
I will be keeping an eye on these issues and will post additional information as it becomes available.
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Few Changes To Bill C-11
Bill C-11 appears to have passed through the committee review almost as is.
The amendments proposed by the entertainment industry in regards to a levy on mp3 players and additional limitations on fair dealing and user generated content have been rejected.
Also rejected were the calls for the identification of internet users and the introduction of RIAA style prosecutions to Canada that could have resulted in the prosecution of social networking sites like Facebook and search engines like Google
The prosecution of sites and services that “provide a service primarily for the purpose of enabling acts of copyright infringement” may still be a possibility. But this is expected to go through further processes. And whether website blocking will be part of these processes is unknown.
Unfortunately, the technological protection measure provisions remain intact.
This means private copying will remain limited to material that has not been copy protected and individuals will not be able to obtain equipment or software that enables them to view films from other regions.
Canadians are able to view Region 0 DVDs, Region 1 DVDs and Region A Blu-Ray discs on their store bought equipment. But unfortunately some films are not released in those region codes.
Blu-Ray regional coding may have resulted in better access to Asian films. But many European films appear to stay off Canadian shelves because of their lack of popularity in the states.
Academy Award nominated films and film festival winners do get through but the lesser known titles and some older films, concerts and music video compilations are generally placed in limbo in North America.
Hopefully these films will make their way onto online services like iTunes and Netflix in the future. But I think it is rather ridiculous to demand Canadian consumers purchase DVDs and Blu-ray discs from North American distributors that either refuse to carry films or delay their release for years.
Blu-ray discs and DVDs released in North America have always been my first choice. Importing from Europe is expensive because of the shipping and handling so I’d rather purchase them locally. But how can I purchase something that is not available here ?
Where are many of the Louis De Funes films ? Where are the Region 0 or Region 1 versions of a-ha‘s “Headlines and Deadlines
I’m sure I am not alone in being frustrated by a lack of selection of foreign, non-Hollywood film and music DVDs and Blu-Ray discs in Canada. And the technological protection measure provisions isolates the Canadian consumer from this material, which is unacceptable.
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Bill C-11 Under Review Today
Bill C-11, a.k.a the Copyright Modernization Act, is now being reviewed in committee.
This committee will review the proposed amendments, clause by clause, and will make adjustments in response to requests by interested parties.
Unfortunately numerous groups have requested major amendments that could complicate matters for consumers and Canadian internet users.
Members of the music industry are not only asking for a levy on mp3 players and serious restrictions to the fair dealing/user generated content clauses. But they are also asking for SOPA and PIPA like measures that include the blocking of foreign web sites and the removal of online content without court oversight.
Other industry groups have also called for the identification of internet users, again without legal oversight, and the introduction of RIAA style prosecutions to Canada with amendments that are so vague as to possibly result in the prosecution of social networking sites like Facebook and search engines like Google.
The Supreme Court of Canada has had previous rulings on fair dealing, the prosecution of internet providers in regards to copyright and the proposed levies on mp3 players. But it appears some members of the music industry don’t care about these rulings.
They also don’t care about the many concerns voiced by the public and associations representing students and librarians, as made apparent by their rhetoric.
They’ve even gone as far as to attempt to pressure the Canadian Bar Association to retract their official opposition to the questionable provisions in the Copyright Modernization Act.
In essence they’re willing to allow the public to be subjected to vague and possibly unconstitutional regulations, that will be questioned in law for years, when exemptions for fair dealing and private copying would in no way hinder their industry.
Under the premise of the protection of their industry, they will subject consumers to more copy protection schemes like that of the Sony Rootkit, that have failed and endangered their interests in the past.
There are currently two petitions that may be of interest to those who oppose these amendments :
Please sign these petitions as soon as possible and contact your local MP in regards to your concerns.
Thank You.
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The MPAA & RIAA On Private Copying
The Motion Picture Association of America and Recording Industry Association of America have issued a join statement against the circumvention of copy protection for private copying.
On page 47 of their February 10th, 2012 statement the associations claim that there is no need for an exemption (in the States) because copies are available for purchase for numerous devices and “the inability to access a work on the device of one’s choosing is a mere inconvenience that does not justify an exemption“.
At the moment Canadians are not eligible to obtain “low cost” copies from most of the DVD/Blu-Ray programs mentioned in the American report.
We do have access to some digital copy titles. But these are generally included in the more expensive film packages (i.e “combo packs“) and many of these digital copy titles are time limited.
I believe digital copies with expiry dates are unfair to the consumer, who purchases the right to copy the material to a computer or portable device.
The ability to perform a digital copy is prominent on the packaging of these “combo packs” so it only logical to conclude that the consumer sees this ability as a feature and has chosen to purchase these “combo packs” for the ability, at extra cost.
That said, a nominal cost to perform a private copy would probably be the best option for the consumer.
Software is the best option for individuals who wish to make multiple private copies. But the entertainment industry should probably consider advertisement funded private copies to reduce the cost of a private copy after an initial purchase of a DVD or Blu-Ray disc by the consumer.
Whilst downloading a private copy a consumer could be shown numerous commercials for products or upcoming film and television features, like those found at the beginning of most DVDs and Blu-Ray discs.
Another option would be to offer Canadian consumers free downloads from existing services, thus promoting the sale of paid products on those services. There are numerous services available to Canadians including Bearshare and iMesh, who offer music videos, and iTunes and Netflix, who offer music and film downloads.
Some digital copies are available from these services and I suspect cloud services will become the consumer’s choice when it comes to private copying in the future, as it enables consumers to download or stream content on numerous devices.
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