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So what's in the new copyright bill?

Globe and Mail Update

So what does the proposed copyright legislation, Bill C61, have in store for you? Aside from not being able to download free music any more, it puts all sorts of limitations on intellectual property and how it can be used.

The Canadians' worst fear is that the bill has been unduly influenced by the powerful U.S. music, movie and TV lobby, which managed to get the U.S. Congress to pass the Digital Millennium Copyright Act, which gives corporations such as the music industry unprecedented powers to investigate and enforce copyright law. Among other things, the DMCA is unclear about the concept of "fair use," which Canada calls "fair dealing," which allows use of content for purposes such as satire.

  • To figure out what's in the bill — the good as well as the bad — we've asked University of Ottawa law professor Jeremy deBeer to discuss it with our readers on Wednesday, June 18, from 12 p.m. to 1 p.m. Join us then or leave a question in advance.

The bill proposes to drop the personal penalty for infringement from $20,000 per case to $500; however, the bill keeps the provision that anyone who has cracked or avoided digital-rights management controls is liable for a fine of $20,000 per infringement.

And how will the bill reconcile itself with another proposed law, the secretive Anti-Counterfeiting Trade Agreement (ACTA), which would allow border guards to seize devices that they suspect of containing material that infringes copyright, and would force Internet service providers to reveal the identities of suspected infringers without a court order?

To figure out what's in the bill — the good as well as the bad — we've asked University of Ottawa law professor Jeremy deBeer to discuss it with our readers on Wednesday, June 18, at 12 p.m. to 1 p.m.

Prof. deBeer specializes in classic and intellectual property law, and the intersection between property, IP and torts, and is a member of the law faculty's law and technology group. He has worked for the Department of Justice and as legal counsel to the Copyright Board of Canada.

He has written about the constitutional implications of copyrights, the role of copyrights in the music and entertainment industries and the notion of balance in copyright and patent law.

Editor's Note: globeandmail.com editors will read and allow or reject each question/comment. Comments/questions may be edited for length or clarity. HTML is not allowed. We will not publish questions/comments that include personal attacks on participants in these discussions, that make false or unsubstantiated allegations, that purport to quote people or reports where the purported quote or fact cannot be easily verified, or questions/comments that include vulgar language or libellous statements. Preference will be given to readers who submit questions/comments using their full name and home town, rather than a pseudonym.

Jack Kapica, moderator, writes: Welcome, Prof. Jeremy deBeer, and thank you for joining our discussion about the contents of the proposed amendments to the copyright legislation. We'' start off with this question:

Brian Lowry from Fredericton writes: Jeremy — do we really need to care what's in this bill, given that it almost certainly will either die before being passed, or simply be defeated?

Jeremy deBeer answers: Yes, Brian, I think we should all should care deeply about what's in this bill. It has serious consequences for all Canadians.

There are no guarantees what will happen with the political situation in Canada. If the Conservatives stay in power, the fate of the bill will turn on the attitudes and actions of Canadian voters. And if they don't, the principles in this bill could form the basis for future proposals. Either way, this stuff is important.

So no matter what your perspective is, you should make your views known to people that matter. You can start by sending your MP a letter saying how your feel (no stamp needed if you send c/o the House of Commons K1A 0A6).

J Swede from Edmonton writes: Two Questions: 1. Let's say I have purchased a DVD from the store (Alien, for example). Under the new law, am I able to rip this DVD for viewing on my iPod Classic? 2. If I am able to format shift this DVD to my iPod, what's the difference between ripping it myself and downloading an already ripped version using P2P? I already own a licence to view this particular movie and I find it a lot easier and quicker to download the already ripped versions rather than do it myself. Am I breaking the law? If so, why? I've already paid to view this movie ...

Jeremy deBeer answers: This is a long-winded answer, but it is an important question, so please bear with me.

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