TORONTO and OTTAWA – Reaction to this week’s new draft copyright legislation was swift and predictably varied.
A coalition of Canada’s telecommunications, retail, Internet and technology companies and organizations, known as the Business Coalition for Balanced Copyright, largely supported the bill. But some parts of the legislation unfairly restrict consumer freedom and need to be revised before being passed by Parliament, such as the inability to circumvent digital locks for private use, the organization said in a statement.
The group includes the Canadian Wireless Telecommunications Association, Bell Canada, Cogeco Cable, Rogers, Telus, Google, the CCSA and the Canadian Association of Internet Providers, among others.
The country’s private broadcasters said in a joint statement that the “bill takes some steps in the right direction”, particularly the inclusion of a reproduction right exception for broadcasters, but that the group “would like to see further streamlining of the Copyright Act to reduce the layering and complexity of payments”.
The Canadian Recording Industry Association and Canadian Independent Music Association cited “an urgent need” in Canada for clear copyright rules in the on-line environment, not only for music but for all the creative industries.
The organizations, which together represent Canadian independent and major music companies, noted in a statement that retail music sales in Canada have declined by more than half since the advent of widespread on-line music downloading just over a decade ago, due in large part to the “absence of legal clarity about the legitimacy of peer-to-peer Internet downloading”.
The Documentary Organization of Canada said that it was “dismayed” by the proposed amendments, which could hinder documentary film making by preventing the use of any content behind a digital lock as source material. The organization has asked for exceptions should the content be used for non-infringing purposes, such as fair dealing.
“Fair Dealing is key to doc filmmakers’ ability to tell stories about the people, places and events that effect Canadians”, said DOC chair John Christou, in a statement. “By outlawing the breaking of digital locks, the government is creating an impenetrable fence around legal access to copyrighted material. Stifling the ability of documentary filmmakers to criticize or comment using copyrighted images and sound is just plain wrong. DOC is committed to fighting for an exception to this law for documentary filmmakers."
The Writers Guild of Canada recommended a system that would provide widespread use and distribution of copyright works while generating royalties through collective licensing. It said that the bill rightly legalizes many commonplace consumer uses, but undercuts artists’ ability to be paid for them.
“Bill C-32 misses the mark,” said WGC executive director Maureen Parker, in a statement. “Creators want their work to be seen by as many people in as many ways as possible – but they have to be paid for it. The bill legitimizes common consumer uses like time-shifting and format-shifting, but it doesn’t balance that with a return for creators. The solution was simple: expand the private copying regime to include those uses and create a win/win for consumers and creators. This bill should have brought us into the digital age, but it has left Canadian creators empty handed.”
– Lesley Hunter
