In an effort to stem trafficking in infringing copyrighted works through "increasingly sophisticated electronic means, including peer-to-peer file trading networks, Internet chat rooms, and news groups", the US House of Representatives has passed the Piracy Deterrence and Education Act of 2004 (C 108:HR 4077). The legislation has the following implications:
This bill, if passed by the Senate, will put Canada even further at odds from the US on file sharing. In Canada, the recent Federal Court of Canada Case BMG Canada Inc et al v John Doe et al, 2004 FC 488 stands for the principle that putting songs on a peer-to-peer server does not constitute authorizing infringement. The case also reaffirms the fair use exception for downloading a single copy of a song for private use. (For a news item on the case in an earlier issue of E-TIPS® and a link to a more extended discussion of the case, see Volume 2, Number 22, April 14, 2004).
For a related article entitled "House Passes Song Swapper Bill", visit:
http://makeashorterlink.com/?D2FE12189.
Summary by: Nicholas Whalen
- it creates and funds educational warnings to ISPs and users to notify them that infringing activity is taking place;
- it provides resources to train Computer Hacking and Intellectual Property units (CHIPs units);
- it provides resources to train Computer Hacking and Intellectual Property units (CHIPs units);
- it funds an educational campaign;
- it funds $15 million in prosecution and investigation work relating to criminal copyright infringement;
- it strengthens the criminal law for motion picture piracy;
- it makes findings of fact as to the harmful societal effects of peer-to-peer networks that justify criminal sanctions; and
- it expands the definition of criminal infringement to include any of the following within a 180-day period: (1) wilful infringement using electronic means of copyrighted works with a retail value of $1000, and (2) knowing reproduction and distribution with reckless disregard of further infringement of either one copyrighted work worth $10,000, 1000 copies of one or more copyrighted works, or any copies of pre-release works.
E-TIPS® ISSUE
04 10 13
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