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Copyright Resolutions for the New Year Print E-mail

 

There have been some tremendous turns of events in the world of Canadian copyright during  the past couple of weeks. 10 days ago we were expecting the introduction of imbalanced copyright legislation rumoured as drafted to appease the American ambassador. Since I was in Puerto Rico teaching my Digital Music course, there was little I could do at that point. So I went offline and onto the beach to unwind for a few days. When I reconnected on Tuesday, I thought for sure the pina coladas had clouded my vision, but nope, it was true: the Conservatives had a change of heart and decided not to table the controversial bill. The next night reforms were apparently on again, but by last Thursday morning it was clear we weren't going to see legislation introduced until the new year. My colleague Michael Geist's facebook group is the best source for analysis of what happened and why.

 

As we approach the end of 2007 and the start of '08, I thought it would be worthwhile to reflect on the future of Canadian copyright reform. So, in postings between now and the new year I'll elaborate on the following five resolutions that I'm recommending the Government of Canada adopt in 2008. Here's a preview of my list of suggested copyright resolutions for the new year:

 

1. Listen more. The Government must meaningfully consult Canadians about what we need from copyright reform. I've got some suggestions for how to do so.

2. Lose weight. The Copyright Act is already too fat. Follow my light and simple recipes for a healthy law that will survive well into the future.

3. Keep promises. And I mean to the electorate, not the ambassador. Repeal or reform the private copying levy and replace it with a fair use regime for consumers.

4. Boost business. Paracopyrights prop up antiquated monopolies and risk stifling innovation. Avoid anti-circumvention laws, thus supporting Canadian creators and entrepreneurs.

5. Show leadership. Don't be bullied into bad policies. Lead by example with legislative models that other countries could be proud to emulate., 

 

Those resolutions may sound ambitious, but really they're not too tough to implement. I'll explain exactly how and why in the coming weeks.

 


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1. 18-12-2007 01:04
 
For my part, I'd add Show followership: There are a lot of countries out there, of all economic types, and all legal traditions, with all sorts of interesting and useful innovations in their copyright legislation. The powers that be (hi, Canadian Heritage!) love to cherry-pick international precedent to justify their expansionist vision of what copyright is and should be. Well, international precedent works both ways. 
 
Over the past two nights, I've looked at the copyright laws of 40 countries, selected alphabetically so as to avoid cherry-picking. 
 
Three quarters of them have abolished or curtailed copyright held by government, such as copyright in legislative deliberations and enactments, court decisions, etc. 
 
Three quarters of them - a different three quarters, but three quarters, nevertheless - have built in some protection for either the commissioner or the subjects of portrait photography. 
 
Those are just two examples. 
 
There are more... many more.
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Last Updated on Wednesday, 02 January 2008
 

About Me

I am an Associate Professor at the University of Ottawa's Faculty of Law. My expertise is in the area of technology and intellectual property law. Read more details or follow me on twitter.

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