Tuesday, July 31, 2012

Canada Allows For Parody

Canada’s Statutes on Forgery and Uttering a Forged Document vs. Canada’s Copyright Modernization Act (Bill C-11 passed in June 2012)

Canadian Laws/Statutes:
“Forgery and Offences Resembling Forgery”
366. (1) Every one commits forgery who makes a false document, knowing it to be false, with intent
(a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or
(b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

Making false document
(2) Making a false document includes
(a) altering a genuine document in any material part;
(b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or
(c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.

When forgery complete
(3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything.
Forgery complete though document incomplete
(4) Forgery is complete notwithstanding that the false document is incomplete or does not purport to be a document that is binding in law, if it is such as to indicate that it was intended to be acted on as genuine.
R.S., c. C-34, s. 324.

Punishment for forgery
367. Everyone who commits forgery
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 367; 1994, c. 44, s. 24; 1997, c. 18, s. 24.

Uttering forged document
368. (1) Everyone who, knowing that a document is forged,
(a) uses, deals with or acts on it, or
(b) causes or attempts to cause any person to use, deal with or act on it,
as if the document were genuine,
(c) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(d) is guilty of an offence punishable on summary conviction.
NOTE:  I don’t think spoofing a document would constitute a crime under this statute whatsoever.  Clearly, uttering a forged document is when you forge a doc, and expect it to pass for real, thereby acting on it or having others act on it.  The other forgery statutes seem more on point. 

Wherever forged
(2) For the purposes of proceedings under this section, the place where a document was forged is not material.
R.S., 1985, c. C-46, s. 368; 1992, c. 1, s. 60(F); 1997, c. 18, s. 25.

False messages
372. (1) Everyone who, with intent to injure or alarm any person, conveys or causes or procures to be conveyed by letter, telegram, telephone, cable, radio or otherwise information that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Indecent telephone calls
(2) Everyone who, with intent to alarm or annoy any person, makes any indecent telephone call to that person is guilty of an offence punishable on summary conviction.
Harassing telephone calls
(3) Everyone who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 330.

Copyright Modernization Act – BILL C-11 HAS BEEN PASSED
The fair dealing reforms, which add parody, satire, and education to the list of fair dealing categories, represent an attempt to strike a balance between those seeking a flexible fair dealing provision and those opposed to new exception categories altogether… The government rightly rejected misleading claims that the changes will permit unlimited, uncompensated copying.

Directly from a Canadian Govt website:
Harper Government Delivers on Commitment to Modernize Canada's Copyright Laws
Ottawa, June 29, 2012—Today, the Honourable Christian Paradis, Minister of Industry, and the Honourable James Moore, Minister of Canadian Heritage and Official Languages, announced that new legislation designed to modernize Canada's copyright laws has received Royal Assent.
"Our Government recognizes the critical role that modern copyright laws play in protecting and creating jobs in Canada's digital economy," said Minister Paradis. "We have delivered on our commitment to modernize Canada's copyright legislation and strike the right balance between the needs of creators and users."
"This is the most comprehensive effort to modernize our copyright laws in over a decade," said Minister Moore. "It is widely supported by creator groups, consumer organizations and the businesses that drive Canada's economy."
A critical element of the Copyright Modernization Act is the requirement that Parliament revisit the Copyright Act every five years. This will serve as a reminder to current and future Parliaments and governments of the important role that modern and updated copyright laws play in our economy.
For further information (media only), please contact:
Margaux Stastny
Director of Communications
Office of the Honourable
Christian Paradis
Minister of Industry
Media Relations
Industry Canada

Government of Canada
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What the Copyright Modernization Act Means for Consumers
The Copyright Modernization Act allows for everyday uses of content and provides clear rules that will better enable Canadians to participate in the digital age. Key changes include:
Fair dealing for parody and satire: The Bill enables the use of copyrighted materials to create a parody or satire, provided the use is considered "fair."
The original 2004 Canadian Supreme Court case that opened the door to “parody” and the recent revamping and modernization of their Copyright Laws:
CCH Canadian Ltd. v. Law Society of Upper Canada ruling
The Supreme Court ruling on CCH Canadian Ltd. v. Law Society of Upper Canada (March 2004) is a crucial ruling on fair dealing and library photocopying which emphasizes the importance of user rights.
The Supreme Court in the CCH Judgment argued that fair dealing constitutes a user right balanced against the rights of the copyright holder. Furthermore the Supreme Court has argued that fair dealing should be broadly, not narrowly, interpreted. That said, fair dealing needs to fit the five permitted purposes (see no. 1 below).
The Supreme Court provided in the CCH decision six factors for deciding whether or not something is fair dealing:
  1. The purpose of the dealing will be fair if it is for one of the allowable purposes under the Copyright Act, namely research, private study, criticism, review or news reporting.
  2. The character of the dealing
    Single copies are fine, multiple copies tend to be unfair.
  3. The amount of the dealing
    "...for the purpose of research or private study, it may be essential to copy an entire academic article or an entire judicial decision."
  4. Alternatives to the dealing
    "...patrons [of a Library]... cannot reasonably be expected to always conduct their research on-site..."
  5. The Nature of the work
    "...the Access Policy puts reasonable limits on the Great Library's photocopy service."
  6. Effect of the dealing on the work
    "...no evidence ...to show that the market for the publishers' works had decreased as a result of these copies having been made." 

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