The Canadian government is expected to introduce amendments that would make it easier for website operators to be held liable for hosting copyright material — such as when a YouTube user posts a video not approved by the recording industry or Hollywood. Photograph by: Justin Sullivan , Getty Images

OTTAWA — The Conservative government is set to reveal whether it's going to tighten copyright legislation that could affect how consumers share content online.

With three attempts to update Canada's copyright law since 2008, the end is near with amendments expected to be introduced Monday at a special House of Commons committee studying the legislation.

Key business groups representing the content industry have been pushing the federal government to expand the "enabler" provision and narrow the definition of "safe harbour" in the bill to make it easier for intermediaries, such as Internet service providers and hosting service providers, to be held liable for transmitting or hosting copyrighted material.

If the government opts to extend liability for infringements beyond operators of websites designed primarily to facilitate illegal file-sharing, consumers won't be impacted directly. But if the parameters change in a significant way, companies that allow users to post or to interact with their websites may fear facing expensive lawsuits.

The impact on consumers would be more direct if the Tories decide to narrow the non-commercial user-generated content exception in the bill. Rightsholders have complained the so-called YouTube exception is so widely cast that "mash-ups" and other user-generated content could see creators hit in the pocketbook and risk losing too much control of their work.

Heritage Minister James Moore provided a potential starting point for some changes last fall, when he said he was open to some technical amendments after introducing the copyright bill in the House of Commons. Perrin Beatty, the president of the Canadian Chamber of Commerce, who attended a media event to support the government's Copyright Modernization Act, said at the time that he'd like to see some technical amendments. Beatty flagged the way the "enabler" provision was drafted as one area of concern.

The lobby group is now staying quiet and won't say if it has secured the amendments it sought.

Jacob Glick, Canada Policy Counsel for Google Inc., just wants to make sure substantive changes pitched as technical amendments don't find their way into the bill next week.

"Many stakeholders support the careful balance in the bill. All stakeholders recognize the need for limited technical amendments, but amendments undermining the safe harbours upset that balance."

That's what worries Michael Geist, Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa.

"Almost everything that's been put forward are not technical amendments — rewriting fair dealing, expanding the enabler provision, website blocking," Geist said of submissions by some music industry representatives. "I don't think any of that could be fairly described as technical amendments and so the real question is whether or not the government will stick to just technical amendments and recognize that most of the bill is really an attempt to strike compromise."

Geist added: "If they make a big move, let's say, on the enabler provision that's been a big issue for the music and movie industry, that move necessities restoring the balance somewhere else on the digital locks side. So, I think that will be the test."

Moore has indicated he won't budge on the controversial rules about digital locks in the copyright bill. They include a general prohibition against breaking digital locks preventing people from making copies of the material — even if it's for personal use.

This includes picking a digital lock to view a DVD purchased overseas, to transfer a purchased e-book to read on another personal device, or to create a backup copy of a purchased online game.

Canada's copyright law has been a long-standing irritant between Canada and the United States, and the U.S. government has relayed pressure from the U.S. movie, software and entertainment industries for Canada to update its copyright rules, including giving legal protection to digital locks.

sschmidt@postmedia.com

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