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: Michael Geist

61 Reforms to C-61, Day 6: Time Shifting Provision Excludes Internet-Only Recording

By Michael Geist

In one of several examples of how Bill C-61 takes a very short-sighted view of technology and the Internet, the new time shifting provision explicitly excludes Internet-based transmissions (unless communicated simultaneously via radio or television).  With a growing number of Internet-only broadcasters, this time-shifting provision fails to keep pace with emerging forms of broadcasting.  In fact, even conventional broadcasters are adopting a joint television - Internet approach with shows such as The Office offering up Internet-only "webisodes."  Since the rationale is to permit temporary copies to be watched at a more convenient time, it makes little sense to permit one form of copying but not the other. The better approach would be a flexible fair dealing provision that would ensure that the legality of time shifting more easily adapts to a changing technological environment.

Full post as published by Michael Geist on June 30, 2008 (boomark / email).