 Blu-Ray movies are seen on display in Toronto, June 2, 2010. The Tories are unveiling new copyright laws regarding digital copies of songs, movies and TV episodes. REUTERS/Mark Blinch
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OTTAWA - The Conservative government came down firmly in support of copyright holders in a new bill, Wednesday.
The federal government will make it illegal for Canadians to break anti-circumvention tools on copyrighted material, and will 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.
Consumers 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, such as digital locks.
Using copyrighted materials in the creation of new works, such as YouTube videos, will 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.
Teachers and students will also be able to use copyrighted materials in the classroom and over the Internet through digital lessons but under strict conditions.
Queen’s University professor Laura Murray is worried the bill’s many exceptions will make it difficult for Canadians to understand what they can and cannot do.
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 Conservatives’ legislation will encourage other industries to place digital locks on their products.
Industry Minister Tony Clement said the legislation allows businesses to protect their intellectual property and will safeguard thousands of jobs as well as attract outside investments.
“Canada’s place in the digital economy is at stake,” he said.
The Entertainment Software Association of Canada and the Canadian Film and Television Production Association quickly applauded the bill.
"Stronger digital IP protection will give business more confidence to invest,” said the Canadian Chamber of Commerce’s Perrin Beatty.
Canada’s Research Chair in Intellectual Property Law, Mira Sundara Rajan, said digital locks are not required under the World Intellectual Property Organization’s Internet treaties.
She said she’s “disappointed” the bill is very closely based on American law.
The NDP’s Charlie Angus said actors and musicians are the big losers.
“Unfortunately, the artists don’t win. Sony might win, Universal might win, the big companies might win,” he said, adding he is disappointed the bill does not include any new measures to compensate creators.
althia.raj@sunmedia.ca
