Bill protects copyright owners

OTTAWA — The Conservative government has come down firmly on the side of copyright owners in a new bill tabled Wednesday.

The federal government will prevent Canadians from breaking anti-circumvention tools on copyrighted material and ban the sale, manufacturing and importation of devices that can circumvent digital locks.

Canadians could now be fined between $100 to $5,000 if caught illegally copying music for their own use.

Canadians will be allowed to record television, radio and Internet programs, and copy legitimately acquired music and films for private use as long as the material is not protected by anti-circumvention tools or digital locks.

Using copyrighted materials in the creation of new works will also be permitted as long as it is not done for commercial purposes, is legitimately acquired and does not substitute or have a negative impact on the original material or its market.

Some flexibility is also included to allow teachers and students to use copyrighted materials in the classroom and over the Internet through digital lessons.

The new laws bring Canada in line with the World Intellectual Property Organization Internet

treaties, Industry Minister Tony Clement said.

The bill modernizes outdated laws while “protecting and creating jobs, promoting innovation and attracting new investment to Canada,” he said.

“It gives creators and copyright owners the tools to protect their work and grow their business models,” the federal government states in a press release.

Copyright expert Michael Geist believes the flexibility introduced in the bill is meaningless as long as protection of digital locks is upheld.

“Anytime there is a digital lock in a place, it trumps any other existing rights in place,” he said.

Geist believes the Conservative government’s legislation will encourage other industries to place digital locks on their products.

Mira Sundara Rajan, Canada’s Research Chair in Intellectual Property Law, told QMI Agency she’s “disappointed” the bill is modelled on American case law.

She said the Conservatives’ bill goes further than necessary in terms of protecting copyright owners under international treaties and opens the door for Canadians to be found in contravention of the Act despite using material legally acquired for their own personal use.

The government’s bill also forces Internet service providers (ISPs) to pass along any notices they receive from copyright holders when a subscriber is allegedly hosting or sharing infringing material - and makes them liable for civil damages if they do not keep records of notices.

althia.raj@sunmedia.ca