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consultation

Saturday July 25, 2009
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Tuesday July 21, 2009

I will have news on a new copyright consultation website that I'm launching shortly, but I wanted to post my short response to the just-launched copyright consultation.  The consultation asks five broad questions, each of which could lead to lengthy answers that mine the depths of Canadian copyright law.  I plan to post longer responses to the consultation that expands on the issues raised by the government over the course of the next eight weeks, but as Canadians think about their response (and submission takes nothing more than email), I think a short answer that is accessible now is crucial. 

My short answer would begin by noting that the five questions can really be grouped into three key issues:

  • Why does copyright matter to you?
  • How can the government ensure that copyright reforms remain relevant in the long term?
  • What specific reforms should the government prioritize (having regard for creativity, innovation, competition, and the digital economy)?

 

Why does copyright matter?

The consultation’s first question is also the most personal since the answer will be different for almost everyone. 

For me, copyright matters because I am a professor and my students need access to copyrighted materials and the freedom to use those materials.  It matters because I am a researcher who needs assurance that as materials are archived they will not be locked down under digital rights management.  It matters because I am deeply concerned about privacy and fear that DRM could be harmful to my personal privacy.  It matters because I have created videos and need flexibility in the law to allow for remix and transformed works and do not want my content taken down from the Internet based on unproven claims.  It matters because I am a writer and I need certainty of access to speak freely.  It matters because I am a consumer of digital entertainment and I want the law to reasonably reflect the right to view the content on the device of my choice.  It matters because I am a parent whose children have only known life with the Internet and I want to ensure that they experience all the digital world has to offer.  It matters because I live in a city with a strong connection to the digital economy and we need forward-looking laws to allow the next generation of companies to thrive.  It matters because I am a proud Canadian who wants laws based not on external political pressure, but rather on the best interest of millions of Canadians.

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Monday July 20, 2009

The Canadian copyright consultation has launched with a site that offers Canadians several ways to ensure that their voices are heard.  As expected, there is a direct submission process, an online discussion forum, and a calendar that includes information on roundtables (by invitation only) and public town halls (the public can register for the town halls to be held in Montreal and Toronto).  The site features an RSS feed, there will be audio/video transcripts of the roundtables, and there is even an official twitter feed.

The consultation features five key questions:

  1. How do Canada’s copyright laws affect you? How should existing laws be modernized?
  2. Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time?
  3. What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?
  4. What sorts of copyright changes do you believe would best foster competition and investment in Canada?
  5. What kinds of changes would best position Canada as a leader in the global, digital economy?

In a nutshell, the government is asking Canadians to describe why copyright matters, how to ensure that reforms remain relevant, and what reforms would best foster innovation, creativity, and competition.

There has been some criticism over the past week about perceived "A" lists for those invited to roundtables and those excluded.  My view is that the only list that really matters is the list of people who take the time to make a public submission.  That process is open to everyone and this is the ideal opportunity to ensure that Canadians voices are heard.  The government has not consulted on copyright since 2001 and this consultation represents both a crucial opportunity and a potential threat.  While Canadians can ensure that the government understands that copyright matters and that a balance is needed, some groups will undoubtedly use the consultation to push for a return of Bill C-61.  Indeed, the recording industry has already said that that bill did not go far enough. That means we could see pressure for a Canadian DMCA, a three-strikes and you're out process, and the extension of the term of copyright to eat into the public domain.

Countering those calls will require broad participation. To help foster that participation, tomorrow I will be launching a new website geared specifically to the copyright consultation along with my short form response to these questions.  I plan to blog a long form response throughout the summer.

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Government Issues Media Advisory For Copyright Consultation

The Government has issued a media advisory for the official launch of the copyright consultation. It is planned for 12:45 in Vancouver on Monday following the first roundtable. The CBC provides additional coverage on the consultation plans.

Wednesday July 15, 2009

CBC and Billboard provide some additional coverage of the copyright consultation to be announced next week.  Word is that the roundtables will begin immediately with at least two planned next week in Vancouver and Calgary with more to follow across the country.  The first is apparently scheduled for the Vancouver Public Library on Monday, July 20th.  The roundtables are by invitation-only but broader online consultations - likely to include both a submission process and online discussion forum - will be launched on the same day.

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Saturday July 11, 2009

There is word this weekend that the government's plans for the national copyright consultation has taken shape. The consultation will officially launch on Monday, July 20th and run for nearly two months until Sunday, September 13th. The framing of the consultation is as follows:

The Government of Canada has committed to modernizing Canada’s copyright laws, to provide meaningful rights for creators and promote the use of digital technology by its citizens.  We are consulting to ensure that all perspectives are taken into account in an open and transparent process, to help deliver new legislation in the Fall that is forward-looking, reflects Canadian values, and strengthens Canada’s ability to compete in the global digital economy.

The consultation will include roundtable discussions in locations across the country, a webcast townhall, as well as an online discussion forum.  This is the first full copyright consultation since 2001.  The consultation will be crucial as Canadians will need to speak out to ensure that the concerns associated with the failed C-61 are heard.

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