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Letter about Bill C-11

 
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帖子发表于: 星期四 十一月 17, 2011 11:45 am    发表主题: Letter about Bill C-11 引用并回复

To: Dechert, Bob - Riding 1; Dechert, Bob - M.P.
Cc: Paradis, Christian - Député; Moore, James - M.P.; Thibeault, Glenn - M.P.; Angus, Charlie - M.P.; Armstrong, Scott - M.P.; Benskin, Tyrone - M.P.; Braid, Peter - M.P.; Calandra, Paul - M.P.; Cash, Andrew - M.P.; Del Mastro, Dean - M.P.; Lake, Mike - M.P.; McColeman, Phil - M.P.; Moore, Rob - M.P.; Nantel, Pierre - Député; Regan, Geoff - M.P.
Subject: About Bill C-11

Dear Mr. Dechert,
I am an author living in your riding.
My livelihood depends on the Copyright Act. As with other legislation related to intellectual property, the Copyright Act enables creators, working as entrepreneurs, to manage their work and earn an income. It also encourages publishers (mostly small and medium-sized enterprises) to invest in Canadian content. At this time of economic uncertainty, and as we all make the transition to digital business models, the Copyright Act is more important than ever to Canada’s book industry.
I support modernizing the Copyright Act, but Bill C-11, an Act to Amend the Copyright Act, proposes to cut back on rights that are the underpinning of writers’ survival. There are more than 30 new exceptions affecting rights holders. Many of these new exceptions take away or reduce the ability I currently have to control my work and to be compensated for it.
Among the most troubling of these exceptions is the extension of “fair dealing” (which means uncompensated use) to “education.” If much more of the work of creators can be used for free in educational settings, the educational market is at risk of being legislated away. For Canadian writers and publishers this will be devastating. At a time when the Government has declared the goal of having more Canadian history taught in our classrooms, it is surely counterproductive to harm the market for the creators and publishers of that history.
I am not asking for anything new or anything more. I am asking that my longstanding property rights not be severely limited in C-11, so that I can continue to make my cultural and economic contributions.
In consideration of my deep concern, I would request a response from you to the following questions:
Have you calculated the devastating effect on Canadian writing that would result from Bill C-11 as currently written?
If there is no intention to harm the market for our work, will you support the addition of clauses that make harm to the market the primary consideration in determining whether a use will be deemed “fair dealing”?
I look forward to your reply and hope for your support of writers’ ability to continue to contribute to Canadian culture and to the Canadian economy.
Respectfully,
Anna Yin
_________________
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Anna Yin

《爱的灯塔-星子安娜双语诗选》
<Nightlights> <Seven Nights with the Chinese Zodiac> ...

http://annapoetry.com
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帖子发表于: 星期四 十一月 17, 2011 11:53 am    发表主题: 引用并回复

Like other members for the LCP, I sent this email to the MP who lives in Mississauga.

Last month, I was asked to represent the LCP along with Executive Director from the writer's union and a member from Access Right to meet with Mr. Dechert.
I think he understands the issue and our concerns.
Hopefully, the new bill will provide some protection toward intellectual property.
_________________
---------------------

Anna Yin

《爱的灯塔-星子安娜双语诗选》
<Nightlights> <Seven Nights with the Chinese Zodiac> ...

http://annapoetry.com
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帖子发表于: 星期四 十二月 01, 2011 4:18 pm    发表主题: 引用并回复

Thank you for taking the time to share with me your concerns regarding Bill C-11. Our Government introduced this legislation to modernize the Copyright Act while bringing it up-to-date with the advances of the digital age.

As you are aware, this legislation will bring Canada in line with international standards and promote home-grown innovation and creativity. The Government of Canada is working to secure Canada’s place in the digital economy and to promote a more prosperous and competitive Canada.

The popularity of Web 2.0, social media, and new technologies such as MP3 players and digital books have changed the way Canadians create and make use of copyrighted material. This bill recognizes the many new ways in which teachers, students, artists, software companies, consumers, families, copyright owners and many others use technology. It gives creators and copyright owners the tools to protect their work and grow their business models. It provides clearer rules that will enable all Canadians to fully participate in the digital economy, now and in the future.

With regard to technological protection measures (TPM`s) or ¨digital locks¨; this bill favours strong protections for TPM`s because they are an essential tool for creators and copyright owners to protect their work. There are some business models that rely on digital locks to protect their investments. These industries need to have the protection of the law. However, in other markets, in light of consumer demands, some businesses have chosen not to use TPMs.

Software producers, video games, and movie distributors, for example, continue to use TPMs as part of their business model because they wish to protect the significant investment each makes in developing the products. Canadian jobs depend on their ability to make a return on this investment.

Legal protections for TPMs are not unlimited. Software companies may circumvent TPMs for the purpose of undertaking encryption research and consumers, within the bounds of their contract, may circumvent TPMs to switch their wireless service provider.

Bill C-11 also provides a regulation-making power to allow the circumvention of TPMs in certain cases, for example, where the presence of a TPM would unduly restrict competition in an after-market sector. The success of TPMs depends on market forces. Creators may decide whether or not to use a TPM, and consumers can then decide whether or not to buy the product.

Bill C-11 proposes significant new measures in support of education, learning and skills development, while encouraging and empowering educators to take advantage of the latest digital technologies. Specific provisions include:

• extending fair dealing to education, enabling the use of copyright materials for the purpose of education, provided the use is "fair" and does not cause undue harm to the market for a work;

• allowing educational institutions or persons acting under their authority, including students, to reproduce, perform and communicate publicly available material from the Internet for educational and training purposes;

• extending exceptions for educational use of copyright material to distance education settings, to ensure that students whose learning takes place in the distance environment are able to receive the same opportunities as those in the classroom;

• permitting course material to be digitized and transmitted electronically by educational institutions that already have a license to photocopy that same material, subject to fair compensation for rights holders;

• permitting libraries to digitally send copyrighted material provided under inter-library loans directly to the borrower's computer, with no restriction on initial format;

• eliminating the requirement for schools to pay for exceptions related to viewing movies in the classroom and off-air taping of broadcasts; and

• making new and existing educational use exceptions technologically-neutral so that they can stand the test of time. For example, the exception allowing for reproduction for instruction will no longer be limited to dry-erase boards; Smart boards will be covered.

For further information on this topic, please visit www.balancedcopyright.gc.ca.

Thank you again for taking the time to share your concerns with me on this very important piece of legislation. Please do not hesitate to contact my office should you have concerns regarding another federal matter.

Sincerely,

Bob Dechert, MP
Mississauga-Erindale
_________________
---------------------

Anna Yin

《爱的灯塔-星子安娜双语诗选》
<Nightlights> <Seven Nights with the Chinese Zodiac> ...

http://annapoetry.com
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