Skip to Content

consultation

Saturday July 25, 2009
Tracking the Copyright Consultation Online Discussion Forum, Day Four

Frances Munn provides the latest update on the copyright consultation discussion forum.  The discussion continues to focus primarily on consumer concerns associated with copyright law.

Copyright and You

How do Canada’s copyright laws affect you? How should existing laws be modernized?

Friday, July 24, 2009 (373 responses)

Recent posts continued the trend of advocating for greater consumer protection. Most people argued for an expansion of fair use and private copying rights, such as switching between media formats (e.g. HD-DVD to Blue Ray) and getting rid of digital locks.

There were a few new ideas:

  • One poster argued for clearer copyright laws, especially with regards to duration. The poster wondered how the copyright rule of the author’s life plus 50 years applied when there are more than one authors, such as with a movie or a piece of software.
  • A poster who identified as a DJ came to the defence of P2P, arguing that everyone uses it, including labels who use it as a scouting method. The poster argued that the Internet provides a low-cost way for musicians and smaller distributors to share their product, and that big distributors have to change their business model instead of preserving a model that is outdated.
  • One poster was particularly concerned with the loss of digital culture to society, pointing out that computer games and software developed 10 or 20 years ago are being lost due to long copyright periods. The poster proposed a default copyright protection period of 20 years as a way to preserve more digital culture.

Test of Time

Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time?

Friday, July 24, 2009 (83 responses)

There were several new responses to this question:

  • The most recent response argued that laws should focus on distribution rather than copying since it is difficult to pin down when it is immoral to “copy.”
  • Another poster pointed out that innovation is often based on previous works and argued for a system based on flexibility rather than prosecution and punishment.
  • One poster argued that while the sale of pirated content hurts the creator, the consumption of online content does not necessarily lead to losses. Further, consuming content is one way for an individual to partake in culture. The poster cautioned against enacting laws that sought to protect the “middle men.”
  • A poster cautioned against laws that are difficult to enforce, wondering whether ISPs would be called on to monitor all Internet traffic or whether file-sharing altogether should be banned.

Innovation and Creativity

What sorts of copyright changes do you believe would best foster innovation and creativity in Canada?

Friday, July 24, 2009 (170 responses)

Recent posts were in favour of an open copyright regime, with one poster arguing that innovation is based on old ideas such as Youtube inspiring the creation of Hulu. Another poster suggested setting up a small claims court for claims against individuals to avoid the large law-suits happening in the U.S.

Competition and Investment

What sorts of copyright changes do you believe would best foster competition and investment in Canada?

Friday, July 24, 2009 (25 responses)

The most recent response argued that that the government should stay out of copyright enforcement in order to give people the freedom to share and create.

Digital Economy

What kinds of changes would best position Canada as a leader in the global, digital economy?

Friday, July 24, 2009 (140 responses)

The most recent post argued that buying DVDs and other physical goods lead to an environmental footprint and that digital goods present a more environmental alternative. Another poster began a discussion by arguing that Internet piracy would be impossible to stop and instead creators should be compensated through an entertainment tax such as the iPod levy.

copyright consultation day four
Add Comment (6) Tags (4)
Tuesday July 21, 2009
Responding to the Copyright Consultation: My Short Answer
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.

How to remain relevant?

Developing copyright law principles that remain relevant years from now is unquestionably a difficult challenge.  With references to VHS tapes and the decision to block network-based PVR services, Bill C-61 was outdated the moment it was introduced. In order to introduce legislation that will stand the test of time, the government needs a principle-based, forward-looking approach.  I would argue that there are three essential ingredients:

1. Heed the words of the Supreme Court of Canada. In 2002, the Court argued that over-protecting works is just as problematic as under-protecting them (the specific quote: “The proper balance among these and other public policy objectives lies not only in recognizing the creator’s rights but in giving due weight to their limited nature.  In crassly economic terms it would be as inefficient to overcompensate artists and authors for the right of reproduction as it would be self-defeating to undercompensate them.”).  The court’s emphasis on balance and the dangers of excessive control should stand as a starting principle for reform.

2. Technological neutrality. Bill C-61 made the mistake of weighing in on specific technologies.  It banned the distribution of some (circumvention devices), blocked the use of others (network based PVRs), and provided specific support for some others (digital rights management).  It should not be the role of government to pick specific technologies or business models.  Instead, a technologically-neutral approach is essential.


3. Flexibility. Flexibility should be the key watchword for policy makers in at least two respects.  First, a forward-looking approach requires nimble laws that can adapt, particularly in the current environment.  Building greater flexibility into the law – primarily through fair dealing – would give the law a fighting chance in adapting to new business models and new forms of creativity.  Second, flexibility is important when thinking about international copyright law.  There will be great pressure to conform to international treaties yet those treaties offer considerable flexibility in implementation.  Canada should take full advantage of that flexibility by drawing on the best examples from around the world.

 

What to do?  What not to do?

The final three consultation questions really ask the same thing with slightly altered perspectives - what should we do to foster innovation and creativity, competition and investment, and to position the country as a leader in the digital world.  At its heart, each of these questions is asking for comments on proposed reforms that are forward-looking and ensure that the goals of innovation, creativity, and marketplace success are met.  While it is possible to answer each individually, there is considerable overlap.  For example, a more flexible fair dealing provision has benefits for innovation, for creativity, for competition, and for the digital economy. The same is true for anti-circumvention provisions that retain the copyright balance.

In an ideal world, we might start from scratch to create a law truly makes sense in the current environment.  We are not starting from scratch, however.  The reality is that there is an international context with treaties we have ratified (Berne Convention) and treaties we have signed but not yet implemented ((WIPO Internet treaties). Moreover, there is a domestic context, with Bill C-61 surely used as reference point. 

The international and domestic context requires Canadians to speak out both on what to do and what not to do.  I offer five points on each.

What to do?

1. Flexible fair dealing. A more flexible fair dealing provision would address many of the current concerns associated with Canadian copyright law.  By opening up fair dealing, Canadian law could ensure that user rights extend to parody and satire as well as to format shifting, time shifting (recording television shows), and device shifting.  It could cover transformative works to ensure that remix creativity is adequately protected and it could ensure that the law is technologically-neutral.

2. Digital reforms. There are three key reforms here.  First, anti-circumvention legislation (rules against picking digital locks) is a certainty given the pressure to implement WIPO.  If we move in this direction, anti-circumvention rules should be specifically linked to circumventions for the purpose of copyright infringement.  Non-infringing circumventions should remain legal.  Second, we should create a safe harbour from liability for Internet intermediaries by adopting the notice-and-notice approach used in both C-60 and C-61.  Third, we should introduce rights management information protection as requested by many creator groups.

3. Modernize. There are areas where Canadian law is out-of-date and needs to be modernized.  The backup copy provision, which currently only covers computer programs, should be extended to all digital data.  Crown copyright, which dates back centuries, should be abolished.  Education and library provisions should be updated, not with a new Internet exception, but rather with rules that facilitate digital library loans, digitization, and distance learning.

4. Public Domain. The current term of copyright stands at life of the author plus 50 years.  The government should make a clear commitment not to extend any further.  Moreover, it should identify a presumed public domain date (based on birth date and reasonable life expectancy) to facilitate digitization of Canadian heritage.

5. Enforcement. The statutory damages provision should be amended so that the prospect of millions in liability for cases of non-commercial infringement is eliminated. Moreover, the provision should not apply where the infringer had a good faith belief that the alleged infringement was covered by fair dealing.

What not do?

1. Do not allow anti-circumvention legislation to override the copyright balance. The U.S. Digital Millennium Copyright Act is not the only way to implement the WIPO Internet treaties.  We can follow our own Bill C-60 by limiting anti-circumvention rules to circumvention for the purposes of infringement. 

2. Do not ban technologies that can be used to circumvent. Assuming it is recognized that there are many legitimate reasons to circumvent a digital lock, then the distribution of the tools (ie. software) used to circumvent is also legitimate.  There is no international legal requirement to ban their distribution.

3. Do not harm the public domain with copyright term extension. While some countries have extended the term of copyright beyond the Berne Convention requirement of life of the author plus 50 years, there is no compelling reason - either from an economic, creativity, or innovation perspective - to extend the term.  Indeed, there are strong arguments that harming the public domain would have the opposite effect.

4. Do not establish a three-strikes and you’re out system that removes Internet access based on unproven allegations of infringement. Attempts at three-strikes systems have struck out in virtually every country where they have been raised. Internet access is far too important to establish a system that would cut off access based on unproven allegations of infringement.

5. Do not permit international treaty negotiations to pre-determine domestic reforms. Canada is an active participant in the Anti-Counterfeiting Trade Agreement negotiations, which will shortly address Internet-related issues. Those provisions could have a significant impact on the domestic reform process.  Canada should not let ACTA dictate the future of Canadian copyright law.

 

There is much more to say about each of these issues as well as many that do not fit nicely into this framework. I plan on writing about all of this during the consultation and encourage as many Canadians as possible to get educated and to Speak Out on Copyright.

copyright, consultation, short answer,

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.

Add Comment (2) Tags (7)
Monday July 20, 2009
Copyright Consultation Launches: Time For Canadians To Speak Out
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: How do Canada’s copyright laws affect you? How should existing laws be modernized? Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time? What sorts of copyright changes do you believe would best foster innovation and creativity in Canada? What sorts of copyright changes do you believe would best foster competition and investment in Canada? 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.
copyright consultation launch

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.

Add Comment (24) Tags (6)

Government Issues Media Advisory For Copyright Consultation

Submitted by mgeist on July 17, 2009 - 4:00am

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
The Forthcoming Copyright Consultation - An Update
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.

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.

Add Comment (10) Tags (7)
Saturday July 11, 2009
Canadian Copyright Consultation To Launch July 20th
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.
copyright consultation

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.

Add Comment (0) Tags (4)
Syndicate content