Michael Geist has a great summary of some proposed copyright law changes submitted by NDP MP Charlie Angus.
Copyright laws are a big concern for many organizations that are looking at cloud computing. While the issue of making backups of files on your network would probably never raise concerns with most organizations, there are serious concerns when you start putting all your content in the cloud.
We have seen numerous lawsuits over the years against organizations that supposedly allow you to backup your MP3 collections to the cloud and access them (stream them) to any device. Remember, this is content the user owns. It isn’t a stretch to see how an organization that moves its primary file storage into the cloud be that via GoogleDocs or other could be in a precarious situation. While we can effectively filter certain file types, history shows that content types change daily so I don’t see this as an effective solution. The other side of this is that while the focus historically has been on music, other content creators are now taking a stand. That means you might filter MP3s, but what about ebooks, videos, images etc.
The issue resolves around the concept of fair dealing. If you are an organization that puts your users files in the cloud, the current provisions around fair dealing could leave you vulnerable to liability. The proposed changes would certainly reduce that risk, as the issue of fair dealing is more clearly defined by the new proposal. The critical issue is one of intent. By showing that the copies were made with the intent of fair dealing vs. free dealing, you are inherently protected against this form of liability.
I personally support the proposed wording changes and hope you will take a moment to think on how these proposed changes will impact your organization.
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