Comments to Bill C-32 Clause-by-clause notes

Please reply to this article with any comments you may have about the Bill C-32 Clause-by-clause notes I authored. My intention is to keep that document updated with whatever feedback I receive.

Comments

  1. KRJune 3, 2010 at 3:10 PM

    With regard to clause 33, I read that as saying only that exempt media, as recognized by the CRTC, may qualify for the broadcast undertaking exemption, rather than that the CRTC has any say as to the content of the exception.

    ReplyDelete
  2. Russell McOrmondJune 3, 2010 at 6:54 PM

    The clause reads as follows:

    "33. The portion of subsection 30.8(11) of the Act after paragraph (c) is replaced by the following:

    The undertaking must hold a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act, or be exempted from this requirement by the Canadian Radio-television and Telecommunications Commission."

    The new part is the part in italics here, which was underlined in the bill. The existing 30.8 is all about an exception to copyright for Ephemeral Recordings. Section 30.8(11) is "Definition of “programming undertaking”".

    We may want to ask for clarification on this. The "or be exempted from this requirement" by the CRTC seems like the CRTC is able to exempt a "programming undertaking" from the other limits to the exception that exists within 30.8(11), such as holding a broadcast license.

    ReplyDelete
  3. KRJune 4, 2010 at 10:07 AM

    Grammatically, "this requirement" would seem to refer back to "must hold a broadcasting license." That is, the conditions for eligibility for the broadcasting undertaking exception are:
    1) hold a broadcasting license, or
    2) be exempt from the requirement to hold a broadcasting license.
    In each case, the CRTC makes the determination with respect to eligibility, but that's it.

    I can't see any harm in asking for a clarification, but it seems straightforward to me.

    ReplyDelete
  4. Russell McOrmondJune 5, 2010 at 2:17 PM

    I am still not convinced we interpreted the language of the bill differently. I think where we may have a problem is that my comment was poorly written.

    Old:

    "Not sure, but does this allow the CRTC to authorize exemptions for unlicensed new media? (See discussion on blogspot)"

    How about:

    "This allows the Ephemeral Recordings exemption to apply to entities that hold a broadcasting license, as well as allowing the CRTC to exempt additional entities that don't have a broadcast license. This additional flexibility will hopefully be used by the CRTC to enable this exemption for new media which, being unlicensed, were ineligible for similar exemptions."

    ReplyDelete

Post a Comment

Popular posts from this blog

Goodbye 2018

I turned 50 at the end of March. I was very reflective around that time, starting to think about a future that might include retirement and pondering if I was currently where I wanted to be. Adjusting to  my new employer  starting in April hasn't always been easy, as I continue to struggle with different ideas about where priorities should be when time is limited.  Over the years at Canadiana several projects were started without clear plans for completion or ongoing maintenance, and technological debt has built up. Early in April my mother had a heart attack. Her birthday was April 14'th, and we didn't know if family was getting together for a birthday or a funeral.  When she managed to survive she was told she only had weeks or months to live - that it was unlikely she would see another Christmas. My mother's health has been declining for years, and life became harder for her after my father's death in 2009 .  Decembers had already been particularly hard ...
Read more

Started two new online courses from the University of Alberta Faculty of Native Studies

Image
This fall I took the Indigenous Canada course from University of Alberta.  It is available for free, but I got the certificate and made a donation. When I read the announcement, I jumped at the chance to take the two new courses offered this winter term.  I signed up, paid my tuition, and am working on the first week's lessons for both. I am privileged in many ways, and that includes currently working for an employer who has been willing to consider these two courses as professional development.   NS 161: Countering Stereotypes of Indigenous Peoples NS 115: Indigenous Peoples and Technoscience I'm a mature student (turning 53 at the end of March), so I'm not taking these courses for credit or for career advancement.  I have been a political activist since the early 1990's on policy areas such as the environment, democracy, and technology law. Since I started my self-directed antiracism training I have come to a very different understanding of what Canada is . I ...
Read more

Quick ways to contribute during final week of #DigiCanCon consultation

The deadline to participate in the Canadian content in the digital world consultation is this Friday, Nov 25, 2016 (See end of post). While you may not have time to publish your own ideas, you should still take the time to voice your support for ideas you agree with. As a new media supporter who "cut the chord" (well, unsubscribed from Cable TV -- the cabling is still all over the house ;-) a few years back I have a pro-Internet perspective. This is true regardless of the type of creativity we are talking about, and while most of my submissions focus on scripted television (as much of the other submissions did), the ideas apply equally regardless of the type of digitally stored and communicated content. As a software author and fan of the creativity of others I want Canadian creators to be well paid for their contributions, but don't believe that subsidizing old-media intermediaries is the way to do it. I have made a number of submissions to the consultation since it was...
Read more