Daily Archives: June 28, 2008

Letter to the Editor, Now Magazine, re: Technology, “Bill C-61 sucks up to the US.”

Posted in: "All, Copyright and Trademarks by Admin | No Comments Saturday, June 28, 2008

Dear Editor:
I am a lawyer practising in copyright laws. Your article on Bill C-61 published in the issue of June 25, 2008 only got the proposed Copyright Amendment half-right.
Contrary to the first paragraph of your article, I wish to indicate the following:

- In a sense, all commercially available CDs are copyright-protected. It is only illegal to download or copy a CD that comes with anti-copying technology.

-It is clearly legal to use a PVR device to record broadcast programs transmitted to radio or TV for later viewing or listening, under Section 17 of the bill, reproduced below:

29.23 (1) It is not an infringement of copyright for an individual to fix a communication signal, to reproduce a work or sound recording that is being broadcast or to fix or reproduce a performer’s performance that is being broadcast, in order to record a program for the purpose of listening to or watching it later, if the following conditions are met:
(a) the individual receives the program legally;
(b) the individual, in order to record the program, did not illegally circumvent a technological measure or cause one to be illegally circumvented, within the meanings of the definitions “circumvent” and “technological measure” in section 41;
(c) the individual makes no more than one recording of the program;
(d) the individual keeps the recording no longer than necessary in order to listen to or watch the program at a more convenient time;
(e) the individual does not give the recording away; and
(f) the recording is used only for private purposes.

-Ripping a DVD or other legally obtained copies is legal as long as the user does not circumvent the technological measure, under Section 17 of the Bill, reproduced below:

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;
(d) the individual
(i) reproduces the work or other subject-matter no more than once for each device that the individual owns, whether the reproduction is made directly onto the device or is made onto a medium that is to be used with the device, and
(ii) prints no more than one copy of the work, if the work is in digital form;
(e) the individual does not give the reproduction away; and
(f) the reproduction is used only for private purposes.

-The 20,000 damage for uploading a movie clip you referred to was not part of the amendment. It is part of the original legislation.

I hope the above helped to clarify some of the confusions implied by the article.

Sincerely,
Pei-Shing Wang
Barrister & Solicitor

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Bill C-61, an Act to Amend the Copyright Act

Posted in: "All, Copyright and Trademarks by Admin | No Comments Saturday, June 28, 2008

The new amendment to the Copyright Act is now in its second reading at the House of Commons. Although not the final version, the current version of the Bill C-61 provides some insights as to the government’s new copyright policies:

Major Changes:

-special treatment to photography regarding ownership of the negative is repealed.

-enhanced performer’s right to 50 years after the performance.

- performer’s moral rights, which is new.

-potentially prolonged copyright in sound recording (50 years after fixation or 50 years after publication given the work is published before the expiration of the copyright).

-non-infringement for certain reproduction to another medium for private use.

-non-infringement to record broadcast programs for certain use.

-lessons, examinations, or tests are now copyright-protected.

-ISPs are now off the hook for users uploading illegal copies online.

-statutory damage of $500.00 for infringement done for private purposes.

*How It May Affect You:

-Publication of unauthorized recording of a performance is now clearly an infringement, (e.g. uploading unauthorized recording of a concert) and the performers are entitled to compensation.

-It is now OK to copy songs from a CD to your iPod or other media, digital or otherwise, for your own use provided you obtained the original legally, and you do not give the file away.

-TiVo and other PVR devices are now legal for private use.

-Renting or selling old exams and tests are now infringements.

-Damages for downloading illegal materials for private use is now capped at 500.00.

*For educational purposes only; NOT LEGAL ADVICE.

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Open for Business!

Posted in: "All by Admin | No Comments Saturday, June 28, 2008

PSW Law is open for business!

In this first blog post, I wish to thank those who made this all possible:

My parents, my partner, my sister, other family members (including my dogs Ben and Pancake), Professor Mary Jane Mossman of Osgoode Hall Law School, Professor Allan Young of Osgoode Hall Law School, Professor Rick Powers of Rotman School of Management of Management, Lawyer Ms. G. Elizabeth Gaudet, Law Firm Hull and Hull, Summer Company Program funded by the Province of Ontario, Candor Media, and many others that have helped me through the years.