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Digital Copyright Reform Must Seek Balance

Product Type: Market Research Report
Published by: Yankee Group
Published: November 2006
Product Code: R388-2296
Description
This fall, Canadian internet service providers, content copyright holders and content intermediaries are gearing up to resume copyright reform discussions, and possibly new legislation. Faced with what it considers heavy economic losses because o peer-to-peer file sharing, the Canadian music industry has joined its peers in demanding strict new copyright laws tha would make i possible for Canada to ratify its international copyright treaty obligations like the United States did wih the Digital Millennium Copyright Act. The Canadian music industry is supported by oher copyright holding groups, including the Canadianarms of the major motion picture studios. On the other side, broadband service providers see the potential for digital distribution to create new consumer appetite for content, but only if that content is attractively priced and innovatve uses of it are allowed by law. A new copyright regime must recognize that market-based digital rights management (DRM) systems are becoming increasingly effective at controlling the use of content. In addition, DRM provides the flexibility to change as market demands evolve. An expanded fair dealing law that lets market forces shape business models for digital content will encourage innovation and new value chains. In drafting new legislation, Parliament should look to the strong user-rights thrust of various Canadian courts as a guide; they shouldresist creating a complex new system of copyright that layers new rights on top of old without creating balancing exceptions.
Table of Contents
I. Copyright Reform for the Digital Age

II. Why Change Is Necessary

III. The Courts

IV. Industry Needs New Legislation

V. Implications of Copyright Reform

VI. Recommendations

VII. Further Reading
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