Copyright or copywrong: where do you stand?
The record labels, movie studios and ACTRA want Canadian copyright laws reformed. Internet legal experts, musicians and bloggers say the proposed changes are flawed. The showdown has only just begun.
The record labels, movie studios and ACTRA want Canadian copyright laws reformed. Internet legal experts, musicians and bloggers say the proposed changes are flawed. The showdown has only just begun.
In the last 10 days or so, we’ve seen a media frenzy over changes to the Copyright Act that may soon be tabled in the House of Commons by Industry Minister, Jim Prentice.
The changes were supposed to be presented on Tuesday, December 11th, but were delayed at the last minute by Prentice.
It’s quite possible that this delay was a response to heated criticism of the legislation, which was expressed most publicly at an Open House in the minister’s own riding last Saturday. A Facebook group, which had been organized by University of Ottawa’s Canada Research Chair of Internet and E-commerce Law, Michael Geist, sent representatives to protest the changes in person.
This delay isn’t sitting well with ACTRA, the union that represents professional English-language performers in Canada. They claim that opposition to the copyright changes is coming from a "vocal minority".
However, given that the changes in question may well turn everyday consumer behaviours into illegal acts such as recording using a PVR, copying music from a CD to an iPod, or making backup copies of software or movies, it’s likely that this "minority" may soon find millions of new supporters.
Although Prentice says it is inappropriate to judge a change to legislation before it is made public, Geist isn’t waiting to see the official text before weighing in. He feels that the government has "dropped considerable hints" in the past as to what the changes contain and is convinced that there hasn’t been sufficient public consultation on the matter.
So where do you stand on these possible changes to Canada’s copyright laws? Will you wait until the amendments have been tabled to judge them, or have you already made up your mind? Is ACTRA correct that opponents are in the minority? Let the showdown begin…
Update, Thur. Dec 13: Prentice has decided to delay tabling the changes until after parliament returns from their holiday break. Read more.


When I purchase a Music CD or DVD I should have the right to copy it once to have a backup copy and be able to put it on an MP3 player without becoming a criminal!
Seems to me if there is a minority involved it would be "ACTRA".
When is this insanity going to end!
Absolutely I should be able to make a back up copy, or create my own compilation of purchased materials, for my own use. Obviously, distribution of such compilations to make an illegal profit is piracy, and I can appreciate the threat in such things. However, with so many having access, 'pirated mix tapes' aren't exactly a hot commodity in this age, so that's not much of a real threat.
I enjoy my materials in a variety of formats including vinyl, CD, nd medias such as mp3, where their specfic applications apply. I like to purchase a hard copy with liner notes that gets used in my home theatre, vehicle , etc. However, my ipod is much more practical at the gym or going for a run, etc. Expecting me to pay for use of those purchased materials in different formats is ludacris, and a form of extortion.
As a consumer, we have little control over the constant barrage of advertising in EVERY SINGLE MEDIUM and format possible, which generates huge revenues for massive corporations, some or many of which tied in or controlled by these major labels that feel they are at a loss. Everywhere you look, there are ads in some form feeding us the latest and greatest in products and services.
Our rights as consumers are being violated so that major corporations can maximize their profits. If they're not making it on the front end, they're picking it up on the back end. That said, this constant foul cry is a way to try and extort more of many people's limited expendable income.
I'm sure it does not cost the Apple corporation near $230 to produce each ipod, which they sell millions of, even considered as a net figure after development, production, shipping, ADVERTISING, retailers points, etc. How many of those do they sell? Let's not forget distribution of music on itunes for $.99 a song. A relatively high profit service, as all that is being distributed is electronic information. Artists receive a relatively small portion of these proceeds, so the rest being left for distribution. Billions of dollars here. And we're being expected to pay for it twice?
This is another display of capitalism in it's finest hour. We offer major corporations too much control in this age of information, and as tax paying citizens, we should have more say in how our laws are created and modified. Sorry for the long-winded response.
Darren is absolutely right. This is getting ridiculous. I own hundreds of CD's and DVD's and make copies for the car or mixed compilations. Actually on occasion I will make a copy for a friend which can end up making them go out and buy the CD. It's nice to have the original with all the liner notes etc. and frankly copies do not sound as good as originals. If anyone is an Audiophile or Videophile knows what I am talking about. If this stupidity keeps up or actually becomes law I will sell all my equipment off and not buy any new media-what would be the point!!! Enough is enough and I think consumers are getting sick of it; We need more blogs like this to make people aware of what's going on…
If they do pass the new copyright laws, I hope they force all of the retailers to display BIG signs stating that if their customers use the vcr's, dvd recorders, and TIVO's they sell to record or time shift the programs, that they become criminals….. And another thing, they had better get rid of the ^##% levy on blank media like cdr's, dvdr's and such………..
How can I tell where to stand its hard to comment on proposed changes unless I've seen the proposal. I suspect if ACTRA are keen on it then its not really that exciting a proposal for consumers but right now its hard to tell.
Given that nobody seems to be able to say what the proposals are it seems clear the level of public consultation is minimal. Tell us what is proposed and we'll tell you if we're likely to accept it.
I do not at all agree that recording (or copying) CD's, etc that I purchase myself to other places (such as my iPod or my computer) for play wherever I happen to be should be made illegal.. That's just ridiculous. I should completely be allowed to make my own compilations, etc etc. HOWEVER, I do of course agree that it isn't right for me to pass out copies of these compilations, etc. I purchase the CD for my own personal use, and that's the way it should stand. (And the comment that it could be illegal to use my PVR is just plain stupid… I thought those types of copyright laws were decided on years ago with VCR's).
At the same time, if the gov't is going to change the copyright laws (because currently in Canada it is not illegal to do certain types of copying because of the 'copy tax' that is levied on blank cd's, cassettes, etc).. they MUST remove those taxes because then they would be taxing for something that is then illegal anyway.. (hope that makes sense :)).
What a stupid idea this is. First, most artists make most of their money from touring, and it definately doesn't hurt them if I make myself a second copy of their materials. I agree with all of the comments on this page, and that is a great point about the VCR's, CDR, DVDR etc. are these things going to be bannedas well?
Pirating software, movies, I can understand going after these people, but seriously not even 20 years ago, we were recording music straight off the radio, movies from tv, and copying movies we rented at the video stores, whats different now?
The biggest difference is that these organizations have the means to monitor their products better, by invading our privacy, and watching what we do on our computers.
This is pathetic. We have been paying blank media surcharges for decades now.
This is George Orwell's 1984 and Farenheit 451 all rolled up into one.
I have been copying songs from the radio on my "Ghetto-blaster" since the 80's and enjoy my freedoms to do so. This is just another poorly disguised attempt at profit and restrictions of freedoms.
This pretty much has nothing to do with copyright laws and the protection of them… or even blank media fair-use policy and is more likely someone's greedy little profit scheme.
I used Napster and other programs years ago to locate and acquire rare "bootlegged" audio copies of concerts I was never alive for or could not have ever been there… such as 1977 VAN Halen at "Magic Mountain CA." and 1976 Live Kiss in Detroit and the like… These concerts took place years ago and hold value like a recording of the Prime Minister in 1976 at the Montreal Expo stadium opening the WORLD's Fair. It is a recording of history.
I like my multiple time zones, and recording a TV show I will miss tomorrow because i have to WORK AND PAY TAXES… please do not take this away from me.
I am saddened that the US pressure has finally cracked our political resolve.
John,
Governments are more than happy to tax an illegal activity. In the US, they charge taxes from illegal gambling houses, or other illicit activities. Al Capone was not brought down because of his criminal activities, but because of tax evasion.
I agree with the other posters that this proposed policy is insane, and it saddens me as a Canadian who enjoys the freedoms we have compared to the US.
As someone who works in a library the paranoia behind the new copyright laws causes me great concern. The way publishers talk you'd think each and every person who has access to a computer; every person who borrows books, movies and CDs from the library; everyone with friends who buy books, movies and CDs, is just waiting to make (and sell) copies of these books, movies and CDs.
In fact, it's a very small portion of the population that abuses our fair dealing laws; just as it's a small portion that cheat EI or embezzle from their employers.
Having an intellectually and creatively healthy population is far more important than grabbing that last ten cents from some guys pocket.
Lawrence Lessig, a Creative Commons activist for many years, gave a lecture on the importance of relaxed copyright regulations. It has been posted on YouTube in four parts; I've linked to the first part or you can copy/paste the address:
http://www.youtube.com/watch?v=JWR6eiiBhf8
On a personal note, I can't tell you how much I resented buying songs from Bonfire and not being able to put them on a CD I could listen to in the car; I couldn't share them with my daughter (who only liked 1 song anyway) and then, when I replaced my computer, I couldn't copy them over to my new hard-drive. I haven't bought anything from Bonfire since.
How stupid can this be that we would have to pay for copy rights on what we bought orginally just because we might put it on another device we own in our house. We already pay fees for buying a CD / DVD and even the devices.
I'm a criminal becuae I transfer a music track from the CD I bought at the music store or one I downloaded from Apple to my computer so I can play on my Ipod or MP3 player.
When one rravels I'm not about to take a pile of CD's with me.
To assume everybody buys DVD's to record movies when vast majorities of us do so to make data or harddrive backups , to assume we buy flash memories to record other then the devices purpose like pictures of our friends.events/family.
These stars are simply wanting to tax us for more monies when they cannot control us. Did they ever think that we share the music or movie trailer we might buy their book or go to a concert or buy a new cd.
Next time I'm in a plane enjoying some music or a film will a screen pop up asking me to pay a copyrights tax.
I'd tell the minister , leave it alone and earn your monies by doing what the country really needs. Standup and say NO.
The law should be very simple
When we purchase copyrite material we purchase the right to use it. We do not purchase the right to sell it or to copy it to give to a friend. We should be able to use it on any equipment that we have that will play or display the copyrited material.
If this nonsence is tabled, vote the idiots out!! Hey, maybe they could buy our ipods off of us since they would be useless.
I had a similar experience as one of the other comments. I bought an album and a few songs from Puretracks. Never heard them though, could never aquire the licence to play them!! I emailed customer service a dozen times with not one reply. Never had that problem with a cd.
Support your faves and buy their cds. DON'T use i-tunes and similar services. You are buying a poor copy of a song which YOU have to burn, save, worry about. With a cd, you just put it back on the shelf for later.
Go see your faves in concert, buy a cd and t-shirt!
As a rather obsessed music buyer/purchaser, I am ready also to stand up and say NO. In fact, if this crap becomes law, my cd buying days will be over. I am not a criminal.
This is another grab at straws for an industry that did not change with the times I buy a fair amount of movies and I used to buy a lot of music but I have cut back in the past years. The music industry keeps adding content to the cd and jacking the price and lets be serious 25.00 for a cd with maybe 2 songs that you actually want. Don't penalize the consumer be pushing this down our throat, I't won't help. The music companies have to change and adapt, as the independent distributors have some who offer free downloads. I can say I have bought a few cd's from and these artists and yes I have pointed my friends to their sites. The pirates will still be there and the people will be dragged to court and given large fines if this passes but if you think that this will save the music industry you are as wrong as they are. The times they are a changing.
Typical Canadian government, caving into the Yanks in every form, including this present idiocy. I buy lots of videos and watch them, and keep them for the future. I've got a Sony BlueRay reader/writer on my Sony Vaio Computer, and believe me, will never buy another 'blanking' blueray crudola again. The crap you have to go through, constant updates, just to play new blueray movies, and the dam things still say wrong area code and won't play.
The bull that Sony and London Drugs have put me through since buying this have taught me one thing, Blueray sucks, and who ever sells it. Long live to HD-DVD, and may this format prevail.
Let me get this straight. If I buy a cd or a dvd I may not allow my wife or kids to play it. They have to buy thier own copy of the media. If I am watching a movie are they not allowed to be in the same room as me. Seems a little far fetched but that is the way that I see it
If these regulatiions are approved it is going to kill the music business. A lot of us are just going to quit "buying" music if we don't own it once we do and have no control over how we use it for our own pleasure
It will turn me and a lot of others away from the retail purchase of any controlled product be it video or audio if big brother is watching everything we do.
forget actra. there's at least one group of artists they don't represent: the canadian music creators coalition.
http://www.musiccreators.ca/wp/?p=231#more-231
What I do in the privacy of my own home, is my business. In a nut shell they have proposed a levy on all recordable devices, memory cards, flash media, cd,dvd, you get the picture. And how, by saying that we "might"…I repeat "might" record something protected….OMG….how did this happen without the public not having a say!!!