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The Canadian DMCA: A Summary To-Date

By Michael Geist

As the likelihood of the introduction of a Canadian DMCA increases, I've received a large number of requests for a brief summary the issue and the mounting concerns.  This is not easy given copyright's complexity, but it is important to ensure that more Canadians better understand the issue. 

My short version would be that there is concern with what the bill is likely to contain (modeled after the U.S. DMCA which has had a negative effect on innovation, privacy, education, and research), what it is unlikely to contain (nothing on fair dealing, time shifting, device shifting, the private copying levy), and how it came about (no public consultation, strong-armed pressure from the U.S.).  As for what reforms we should have, I think my eight Fair Copyright for Canada principles are balanced and meet the goal of complying with the WIPO treaties.

For those that want to dive a bit deeper, I'd recommend the following five posts:

• My Fair Copyright for Canada Principles
• CBC's Search Engine on Copyright Questions for Prentice
• Ten Questions for Prentice
• The Canadian DMCA's Talking Points
• Why Canadian Copyright Is Stronger Than The U.S.

Want to get involved?  Here is my list of 30 things you can do, which includes joining the national Fair Copyright for Canada Facebook group and a local chapter.  Copyright for Canadians has even more comprehensive list.

Want to dig even deeper? 

Groups and companies that have expressed concern about the current path include:

• The Fair Copyright for Canada Group
• Librarians
• Teachers
• Universities
• Musicians
• Artists
• Film Makers
• Consumers
• Digital Security Companies
• Major retailers
  
• Privacy Commissioner of Canada
• Canada's Privacy Community

Concerns with the Canadian DMCA include:

• Privacy
• Fair Dealing Concerns
• Anti-Circumvention Provisions

Op-eds and media coverage includes:

• Vancouver Sun
• CBC's The Hour
• TVO's The Agenda
• CBC's Sounds Like Canada

There is, of course, much more - from deBeer's Copyright Resolutions to the Copyright MPs to the Ponsonby Rule to BoingBoing's exceptional coverage to my recent Why Copyright talk - this is clearly an issue that has galvanized thousands of people.  In fact, more telling than any posting or op-ed are the thousands of letters, calls, and postings from individuals from coast to coast that provide the clearest signal that the copyright issue should not be underestimated.

Full post as published by Michael Geist on January 28, 2008 (boomark / email).