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Thursday, June 17, 2010

My Take on Bill C-32 (Part 7)

Can you feel it? The excitement of progress?? We're over the hump, people!

Today we're getting into fun stuff like 'Encryption'. Not entirely sure how that all figures into it... (can you copyright Encryption?!?) but hey, one way to find out.

Let's dive in.

So yep, section 30.62 -- which is new and not in the old Copyright Act -- deals with 'Encryption Research'. Basically, it's not infringement for you to copy a work (or other subject matter) for encryption research if: it (the research) would not be practical otherwise; you own or 'lawfully obtained' the work/subject matter and you inform the copyright holder what you're doing.

"So, uh, I'z gonna b ovr hre n ur internets, craking ur code... k tkx bai!"

Man, it hurt my brain to type like that...

Section 30.63, entitled 'Security' says it's not infringement for you to copy a work/subject matter for the sole purpose (and with the owner/administrator's a-okay) of looking for vulnerabilities/security flaws.

30.7 'Incidental Use' in the original Act gets amended with 30.71 'Temporary Reproductions For Technological Processes'. In it they explain that it's not an infringement to make a copy of a work/subject matter as long as:

"(a) the reproduction forms an essential part of a technological process;

(b) the reproduction’s only purpose is to facilitate a use that is not an infringement of copyright; and

(c) the reproduction exists only for the duration of the technological process."

In this next part it looks like we're moving into 'Broadcast Undertaking' territory and how they deal with live performances.

In section 30.8 'Ephemeral Recordings' -- which mostly deals with live recordings of performances -- gets a change to subsection (11)(c) 'Definition of "programming undertaking"' and it's a bit of an interesting one:

"The undertaking must hold a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act, or be exempted from this requirement by the Canadian Radio-television and Telecommunications Commission."

Now I'm not entirely sure why this little tidbit seemed necessary to add to the bill... but it did bring my attention to something that's in the original bill that our fellow copyright holders might want to know (if they don't already) -- namely subsections (2) 'Record Keeping' and (3) 'Right Of Access By Copyright Owners':

"Record keeping

(2) The programming undertaking must record the dates of the making and destruction of all fixations and reproductions and any other prescribed information about the fixation or reproduction, and keep the record current.

Right of access by copyright owners

(3) The programming undertaking must make the record referred to in subsection (2) available to owners of copyright in the works, sound recordings or performer’s performances, or their representatives, within twenty-four hours after receiving a request."

As a non-performer I don't know how well this is kept up, but I'm sure it's good for performers to have memorized and in their hip pocket. It's always good to know who has your work and how many copies are floating around... yes? Also gotta like that whole 'mandated turn-around time' for communication.

Not sure how relevant this is in the digital age... but it's still on the books...

Section 30.9 'Pre-recorded recordings' gets a small update in (1)(a) -- just tacking "or has a license to use the copy" on the end.

Also Subsection 30.9(4) "Destruction" sees an update saying that:

"(4) The broadcasting undertaking must destroy the reproduction when it no longer possesses the sound recording, or performer’s performance or work embodied in the sound recording, or its licence to use the sound recording, performer’s performance or work expires, or at the latest within 30 days after making the reproduction, unless the copyright owner authorizes the reproduction to be retained."

Subsection 30.9 (6) "Application" will be repealed.

Moving on, Section 31 'Retransmission - Interpretation' gets a whole new subsection in the form of 31.1 'Network Services' -- AKA: ISPs (though I'm sure it's not limited to them).

And it's a HUGE section... so I'm going to tread into this territory tomorrow.

Cheers,
Brandon

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