strangely entangled

Last Sunday (June 14th) was Car-free Vancouver Day, and Nat and I celebrated by buying her a new bike. Actually, I’m really not sure how that happened because we were supposed to be looking for a bike for me. But somehow she lucked out and is now the proud owner of a Roscoe commuter bike by Haro Bikes. I’m really quite envious and have been considering getting one for myself. The aluminum frame keeps the weight down to approximately 30 lbs, which is much lighter than my current bike.

We bought it from the fine folks at the Denman Bike Shop. I was told that they might be a little high-pressure, but really I think the owners are just that excited about bikes, and the store is incredibly busy for such a small spot.

I think we might have to go back there tomorrow to pick up my matching bike.

In my previous post I published a form-letter response that my friend Sam received from Dick Harris, the Cariboo-Prince George MP. Since the response was fairly long, I thought I would publish my analysis/comments in a separate post.

Minister of Industry Jim Prentice is obviously trying to put a very pro-Canadian positive spin on this, and at first glance I have to admit the bill didn’t look so bad. After you read the “fine print” though, you start to get a different picture.

One paragraph in Dick Harris’ response really jumped out at me:

With this Bill, you will be able to legally tape your favourite TV shows and movies, without fear of infringing copyrights. This Bill will also allow you and your family to take CD’s and songs purchased online and transfer them to your MP3 player, legally - - this Bill clarifies that this type of activity is legal in Canada.

I own an AppleTV, as well as a large DVD collection. I’ve spent a considerable amount of time copying my DVDs to an AppleTV-friendly format so that I only need one device hooked up to my TV in order to play back all my media. So the right to copy media I own between formats is very important to me. I initially found Dick Harris’ response encouraging, but thought I would double-check the actual bill to make sure. Here’s the relevant section:

29.21 (1) It is not an infringement of copyright for an individual to reproduce a work or other subject-matter that is a photograph or is contained in a book, newspaper, periodical or videocassette, or any substantial part of such a work or other subject-matter, onto another medium or device, if the following conditions are met:

 

(a) the copy of the work or other subject-matter of which the reproduction is made is not an infringing copy;

 

(b) the individual legally obtained the photograph, book, newspaper, periodical or videocassette, otherwise than by borrowing it or renting it, and owns the medium or device on which it is reproduced;

 

(c) the individual, in order to make the reproduction, did not circumvent a technolog- ical measure or cause one to be circumvented, within the meanings of the definitions “circumvent” and “technological measure” in section 41;

 

Everything looked good until I got to Part (c). Part(c) refers to technological measures meant to prevent copying, in other words Digital Rights Management (DRM). If while copying your own media to a new format, you “circumvent” the DRM, then you are in violation of the Copyright Act. As most large media companies already place some form of DRM on their audio and video, this in effect makes it illegal to copy most mainstream audio or video - even if it’s for your own personal use.

What this is really saying is that Canadians have the right to make reproductions of digital audio and video, unless a media corporation decides otherwise.

Think about that.

My friend Sam sent an email to her MP (Dick Harris, Cariboo-Prince George), detailing her concerns regarding the proposed amendments to the Canadian Copyright Act. She has give me permission to post the form-letter response she received:

Dear Samantha,

 

As an individual who enjoys the arts, as well as, an enthusiast of this new digital age, I understand your concerns. However, I hope that with this reply, I can alleviate those concerns regarding the new Copyright legislation, Bill C-61 that is now before Parliament.

 

The recently introduced Government Bill to amend the Copyright Act is designed to bring our copyright laws into line with advances in technology and current international standards. This is an important and overdue piece of legislation; it has been ten years since this legislation received its last major reform. In that time, an Internet revolution has occurred, as have major advancements in technology. Our balanced and Canadian made approach to copyright reform will help to ensure fair access by Canadians to copyright material, as well as, to protect the rights of Canadians who create material that is copyrighted.

 

Our Government is the first to expressly allow Canadians to record their TV and radio shows to enjoy at different times, without infringing copyrights. Our reform will also permit Canadian citizens to copy music onto devices such as MP3 players, and to copy books, newspapers, videos and photos into different formats. Last but certainly not least, our Bill limits at $500 the amount of statutory damages that individuals may be liable to pay if they infringe copyright for private use, provided that material is not protected by digital lock. (Currently, statutory damages could be as high as $20,000 for a single infringement).

 

Furthermore, our Government has introduced important measures to support industries whose success depends on copyrights, such as software companies, musicians, photographers, and filmmakers. We are providing stronger protection for digital locks online so that companies that have chosen to use them in their business models will have the support of the law.

 

With this Bill, we have also introduced stronger provisions to address Internet piracy. I believe this copyright reform promotes innovation and competition in our digital, knowledge-based economy. It is the Governments role to create the conditions for Canadian business, as well as, our entire economy, to flourish and prosper. Creating this environment for Canada is our goal, and by setting up these policies within this legislation, we can accomplish this.

 

With this Bill, you will be able to legally tape your favourite TV shows and movies, without fear of infringing copyrights. This Bill will also allow you and your family to take CD’s and songs purchased online and transfer them to your MP3 player, legally - - this Bill clarifies that this type of activity is legal in Canada.

 

This is a unique, Canadian made approach that seeks to balance rights-holders and users needs. I trust that this has helped to ease some of your apprehension over this important legislation; if you want more information in this regard, please visit the Copyright Reform Process website at www.ic.gc.ca/epic/site/crp-prda.nsf/en/home.

 

Sincerely,

Richard M. (Dick) Harris, MP Cariboo – Prince George