“Canadian DMCA” legalizes CD ripping, mashups, backups

W00T! This is some good news! From ars technica;

“Canada’s long-awaited copyright modernization bill appeared today. If passed, it would explicitly legalize DVRs, YouTube mashups, backups, and parodies—and it would slap strong, US-style restrictions on bypassing DRM.”

Here are the highlights of the bill;

  • Time-shifting. It’s finally legal, though with an odd caveat: “the individual keeps the recording no longer than is reasonably necessary in order to listen to or view the program at a more convenient time.” In other words, no long-term archiving. Also, no giving recordings away.
  • Format-shifting. Ripping CDs—finally, unambiguously legal! You need to own the original source material.
  • Backups. They’re now legal for all digital works, though you can’t bypass DRM to make one and the source must be a legitimate copy.
  • Statutory damage distinctions. Statutory damages now apply differently to non-commercial infringers and range from CAN$100 to CAN$5,000 in such cases. Commercial infringers can be hit with up to CAN$20,000 per infringement. Compare this to the US, where willful infringement can hit $150,000 even for noncommercial use.
  • Mashups. C-32 contains a section on “Non-commercial User-generated content” that makes mashups legal, even when they use copyrighted content. So long as they are noncommercial, mention the original creator (when “reasonable in the circumstances to do so”), and don’t have a “substantial adverse effect” on the market for the original work.
  • Temporary copies. The bill would legalize most temporary copies made by technical processes, such as caches and fleeting copies existing only in RAM.
  • Parody. Canada’s limited fair dealing rights get a boost, with named copyright exceptions for “research, private study, education, parody, or satire.”

I’d say this is a HUUUUUGE step in the right direction! Read the entire article here.

1 Comment

  1. Nosbic

    June 3, 2010 at 11:40 pm

    nice to see this