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Sunday, June 13, 2010

My Take on Bill C-32 (Part 4)

So this weekend didn't turn out to be as crappy and rainy as I expected, great for that whole 'get out and get stuff done' thing... not so much for writing.

On the bright side, my house is pretty darn swanky-clean now.

Reminder: You can read the new, proposed Bill C-32 here and the original Copyright Act here. Also: All links provided below are for comparison purposes, so you can see what used to be side by side with what's being proposed.

Okay, where were we?

Ahh, yes, more educational stuff - expansions and limitations on what is and is not an infringement of copyright for educational institutions and/or people 'acting under its authority'.

Throughout most 29.6(1) and 29.6(1)(b) "News and Commentary" the language is being cleaned up -- removing the 'subject to subsection' language previously there for 29.6(1) and the "at any time or times within one year after the making of a copy under paragraph (a)" language in 29.6(1)(b).

Interesting note: Subsection 29.6(2) of the Act "Royalties for reproduction and performance" is being repealed -- Does this mean that schools/teachers/etc. don't have to pay royalties when they use someone's work in their classes, etc? Did they have to pay before?? I don't know why but this seems like a weird revelation to me.

Also: Subsection 29.9(1)(a) of the Act "Records and marking" is being repealed -- before if you showed a News or 'News Commentary' program in class you had to keep a record of it and how it was being used and what roylaties were needed to be paid. That shall no longer be a problem.

Next up is a whole new section 30.01 (1) that clarifies what a 'lesson' is while subsection (2) sets limits on it's application. Subsection (3) deals with what looks to be (but not limited to) 'teaching over the web' and how it is not an infringement to communicate a lesson 'via telecommunication' while subsection (4) deals with who's legally allowed to take part in that telecommuncation.

Subsection (5) says that a student can take that telecommunicated lesson and hang onto it until 30 days after they've gotten their final marks/grades, etc. Finally, subsection (6) is all about all the limitations and measures the institution and the teachers (but not the students) have to take as conditions of these new provisions.

That gets followed up with 30.02(1) to (8) which deals with reprographic licensed institutions and making digital copies of said licensed materials and sharing them with students online, etc. If you have said license and you make a digital copy of the work you still have to pay royalties and you still have to do everything in your power to make sure whomever you share that file with doesn't share it or print more than one copy. It's also okay for someone working at that institution to make ONE printed copy of the work without it being an infringement.

However, according to subsection (4) 'Restriction', an educationial institution may not make a digital reproduction of the work under section (1)(a)if they've already entered into a digital reproduction agreement with a collectice society -- essentially the agreement with the society supercedes what's laid out in (1)(a); Also, if there's a tariff 'certified under section 70.15 that is appliciable to the digital reproduction of the work' or if the institution has been notified by the owner of the copyright that they refuse to authorize the collective society to enter into a digital reproduction agreement for the work then they are also forbidden from making digital copies.

More to come tomorrow!

Cheers,
Brandon

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