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January 2008

Furor Delays Amendments to Copyright Act

Debate over reform of Canada’s copyright law heated up in December, causing a major scramble for Industry Minister Jim Prentice and the Harper government.

Introduction of long-awaited amendments to the federal Copyright Act that deal with copyright infringement had been expected Dec. 11, but was derailed by a public outcry and charges the government succumbed to U.S. pressure in shaping its policy.

Detractors also predicted the bill would have made illegal such activities as the time shifting of television shows, file-sharing of music and video, and copying files to DVDs or MP3 players. A levy was even expected on computers and cell phones because they increasingly are capable of storing audio files.

Prentice had said the legislation would bring Canada in line with the World Intellectual Property Organization treaty it signed in 1997. But he reacted to the opposition over the proposed changes by ordering material revisions to the bill, which is now not likely to be introduced until late January or February.

CAUT is calling for balanced copyright reforms in the forthcoming bill.

In a letter to Prentice and Heritage Minister Josée Verner — whose departments share the responsibility for copyright — CAUT urges both ministers “to ensure the Act correctly balances rights of use and rights of ownership. A fundamental component of our members’ working lives is the use, creation and ownership of copyrighted works.”

Balancing the rights of copyright holders and obligations of those affected by copyright law isn’t straightforward due to the breadth and variety of interests involved and due to the intense lobbying from the movie and music industries.

The show of opposition over copyright legislation indicates many Canadians feel the bill should not simply reflect corporate priorities.

The previous Liberal government tried to pass a similar copyright reform bill, C-60, in 2005. The bill elicited intense public debate, but in the end was quashed when the opposition brought down the minority government in a no-confidence vote.