BCCLA Recommendations

In its current form Bill C‐61 is fatally flawed. The Bill must be modified to strike an appropriate balance between the rights of copyright holders and the public. Appropriate steps include:

Full recognition of rights to privacy and freedom of expression

Bill C‐61 creates overly broad protections for digital locks and prohibitions on the tools to open these locks, undermining any exemptions for privacy and expression. Protections for free expression and privacy must take priority over protections for digital locks.

For the purpose of infringement

Ratification of WIPO requires restrictions on circumvention of TPMs, but not to the degree seen under Bill C‐61. It would be sufficient to restrict the circumvention of TPMs for the purpose of copyright infringement. When combined with strong user rights, such a change eliminates many of the unintended consequences of Bill C‐61.

Watching the watchers

Requiring that a court or competent tribunal oversee any data retention by telecommunications providers would protect the privacy of Canadians.

Consultation with the public

The last public consultations on copyright in Canada were held in 2001, months before the release of the first iPods. The digital world has changed dramatically since then, and fresh consultations are needed to bring Canadian citizens’ voices into the reform process.