I just finished my submission to the
copyright consultations the government is currently holding. If you haven't had your say yet, there's still two days left. Check out Michael Geist's
Speak Out on Copyright site (loaded with background info and and resources) then fire off an
an email or a
form letter .
For the record, here's my submission.
Pardon the length (and a bit of histrionics), apparently I had a lot to say:
***
Dear Ministers Clement and Moore.
Dear Internet.
Thank you for taking the time and (considerable) effort it took to open consultations on this matter to the public. It's good to see the government embracing new means for communicating with the public and seeking input from its citizens. Sadly, the last time copyright revisions were addressed (Bill C-61), the process was neither open, nor accessible, nor transparent to the general public. Subsequently, the resulting draft legislation was out of touch with the realities of of how most Canadians use and encounter copyright in their daily lives. I hope that the effort that you made in these consultations is not just an end but a means to seek wider public feedback on a consistent and regular basis *throughout* the entirety of process of the crafting of this new legislation. You've started a valuable discussion. Don't cut the conversation short.
*How do Canada’s copyright laws affect you?*How doesn't copyright law affect me, all of us, is perhaps a more apt question. Take a look at just a fraction of the things with which I am involved: I am a PhD student at one of Canada's universities. I am a researcher who needs frequent and regular access to information, materials I hope will always be *accessible*. I am a teacher in Communication and Media Studies who just taught his first class and hopes to teach many more. My classes rely heavily on media and technology, examples from everyday life, which often include copyright materials that I need to share with students in order to illustrate course concepts. I am a writer who publishes research and understands that both creators and the audience have rights. I am a member of the Canadian Federation for the Humanities and Social Sciences (and I stand by their statement, for the most part). I am a blogger who works collaboratively with over 20 other writers to create a website devoted to highlighting local culture/arts/events in my city. I am a podcaster, a musician, a producer of multimedia content, designations that thanks to new technologies and cultural practices, apply to more and more Canadians every day. I am a creator and consumer, a teacher and a learner, a producer and a user. A citizen.
*Based on Canadian values and interests, how should copyright changes be made in order to withstand the test of time?*Balance. It's an interesting word isn't it. I've heard it from parties on all sides of the copyright debate. I've heard the members of the recording and movie industry associations speak of balance as they ask for greater powers to sue consumers they believe are infringing their copyrighted materials just as I've heard pirates call for balance as they pilfer works with the intention of re-selling them for a profit. After all, who's going to stand up against balance? What we need is true balance. A balance that is built on the *respect and understanding* that comes from realizing *copyright affects us all*. This is a big, messy boat we are in, with lots of competing interests. Let's not put all the weight on one side and sink this ship.
*What sorts of copyright changes do you believe would best foster innovation and creativity in Canada, foster competition and investment in Canada and best position Canada as a leader in the global, digital economy?*I am not a lawyer, nor can I claim to know the intricacies of copyright law. I do know there are certain principles that must guide any attempt to reform copyright, especially considering the fast-paced changes that are taking place in the fields touched by copyright legislation.
- Canada needs legislation that is technologically neutral, that is to say a law that allows for technological innovation and non-infringing uses of technology to flourish. Specifying certain technologies or business models will result in an act that is outdated before it even comes into effect.
- Canada needs to expand and clarify fair dealing. The fair dealing clause is just as important to the researcher making photocopies in the library as it is to the father who uses his favourite song as the soundtrack for a home video he's making for his son's birthday. Both use copyrighted materials to create something new, something beautiful, something special. Ideas don't exist in a vacuum. They need to interact with other ideas to flourish. More practically, the fair dealing clause needs to address the myriad of ways consumers now deal with their digital goods (i.e. technologies that allow users to shift the time, devices, and formats in which they consumer media), other outstanding areas like parody, satire, non-commercial use, and multiple back up copies of data and media content.
- Canada needs to reject the creation of digital enclosures (specifically through technological protection measures). The transition to digital formats of goods and services brings with it new codes and conventions for the use of those goods. Legislation must, where possible, not support or enhance punitive digital rights management and technological protection measures. If the U.S. experiences with the Digital Millennium Copyright Act are any indication, this is NOT a path down which Canada wants to tread. Legislation that allows companies to punish consumers for their fair use of media, or makers of technology that promote non-infringing uses (such as circumvention technologies) is simply a further limit to creativity and innovation.
- Canada needs to stop worrying about pressure form various U.S. lobby groups that want to label us as a piracy haven. Seriously, this is a waste of time, and the laws that have come out of such lobbying efforts (see the anti-camcording law enacted last year) are nothing more than political pacifiers. We have the opportunity to do something unique and different with the revisions to our copyright act, to be leaders not followers. Let's not squander it by walking in footsteps that lead nowhere (DMCA).
- Canada needs to protect the rights of its creators (though not indefinitely, and not to the extent that society is worse off for it). We need a vibrant information commons for innovative ideas to surface. Copyrights that last for decades after the death of the creator rob the public of a chance to comment and build upon the work of the past. Culture builds on itself. Don't take away the hammer and nails. Allow creators the chance to profit from their work, then let culture profit from making that work accessible. The new copyright act should also recognize the legitimacy of other forms of alternative licensing (such as Creative Commons license).
- Finally, in determining the penalties for copyright violations, make sure these are aimed at reducing large-scale commercial piracy. Suing individual consumers for millions of dollars for downloading dozens of songs (see the case of Jammie Thomas or Joel Tenenbaum) - or enacting legislation that allows for such disproportionate penalties to be enforced - is an insult to our legal system. I am not suggesting we condone clearly infringing behaviours (nor am I suggesting that I am convinced that file sharing is an infringing behaviour). But let's match the punishment with the actual damages done.
I initially thought a fun way compile this submission would have been to cut and paste and mash up quotes from the numerous public submissions on your own copyright consultation site. I had hoped that it might somehow show you the value, creativity, and art that can arise from flexible fair dealing, balanced copyright, and unique uses of new technology. But ultimately, it's up to you to do the remixing. Submissions close in a few days and there are undoubtedly countless hours of text, video and audio for you to sift through. Thousands of people have taken up your call to speak out. They have contributed their voices to the project.
Put on your headphones. Find the right mix.
Jeremy Morris.
Labels: Copyright, Government Submission