Impending Canadian Copyright Legislation Could Be Disasterous

 
The Government of Canada has served notice that it intends to amend Canadian copyright law to bring it more into line with international standards. The goal has widespread support but the proposed legislation goes too far. The Conservative government is looking at changes that mimic the American Digital Millennium Copyright Act (DMCA) [What Is DMCA and Why Should We Care?].

Industry Minister Jim Prentice (see photo) is the man behind this obnoxious legislation.

A consortium of 92 Canadian Colleges and Universities has issued a statement opposing many of the proposed changes (Association of Universities and Colleges of Canada, AUCC). You can read the entire document at AUCC SUBMISSION TO THE MINISTERS OF INDUSTRY AND CANADIAN HERITAGE CONCERNING COPYRIGHT LAW REFORM.

This is the part that refers to new laws governing internet service providers (ISPs) such as universities and colleges.

One legislative option to address this issue would be to introduce a “notice and notice” system under which an ISP must forward to its user an allegation by a copyright owner that material on the user’s web site infringes copyright. The ISP would be required to take steps to remove the material from the hosted web site only after there has been a finding of infringement by a court and the issuance by the court of a removal order. If an ISP failed to take the steps mandated by the court order, it would be liable for authorizing infringement. This "notice and notice" approach is the existing industry practice of ISPs in Canada and has worked well for both rights holders and for ISPs. The "notice and notice" approach is supported by the Canadian Association of Internet Providers, representing major Canadian ISPs.

An alternative legislative option promoted by some interests would see the introduction of a "notice and takedown" regime similar to the one set out in the Digital Millennium Copyright Act (DMCA) in the U.S. Under this approach, when an ISP is notified by a copyright owner that there is allegedly infringing material on a web site, the ISP must respond expeditiously to remove, or disable access to, the material that is claimed to be infringing. AUCC agrees with the view of the Canadian Association of Internet Providers that this approach has the serious disadvantage of putting ISPs in a "quasi-judicial" role that conflicts with the interests of the users of their services. A “notice and takedown” approach could create incentives for ISPs to take the path of least resistance by removing content without warning or evidence of actual infringement, and thereby harm freedom of expression. This is not a minor matter for universities given that many university faculty members maintain web sites, often related to the university courses that they teach and their research.

AUCC recommendation on the liability of ISPs for infringements by users of their services:

AUCC recommends that the Copyright Act be amended to codify a “notice and notice” system under which an ISP’s obligations would be to forward to its users any allegations of copyright infringement made by a copyright owner. An ISP should not be liable for infringing material that has been posted on a web site by a user of the ISP’s services unless, after a court has ruled that the material is infringing and orders its removal, the ISP fails to comply with the court order within a reasonable time.

This is important legislation that could have a serious impact on the internet in Canada. It's one time when we definitely do not want to copy the Americans as the present government is so fond of doing. People need to pay attention. Contact your Member of Parliament.

Read the links on Canadian Cynic [ Keep Those Cards and Letters Coming] for more information.

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