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Here's my #1 recommended resolution for the Government of Canada when it comes to copyright lawmaking in the new year: listen more. During House of Commons' holiday hiatus the Government has a chance to reevaluate any legislation it might introduce in the new year. There are many things that could be cut or tweaked, and even more that could probably be added. How's the Government supposed to figure out the right policy move for creators, consumers and the Canadian public in such a short time frame? Well, it won't be easy, but it is possible.
There's been a lot of buzz lately about the possibility of an official
public inquiry, whether in the context of a Royal Commission,
Parliamentary Committee or other formal process. Howard Knopf has been making this plea
for years, and I think he's bang with his suggestion and the reasons
for it. To me, the only real questions are how quickly an inquiry could
be organized, and when it ought to take place. Should the inquiry
precede a bill or should draft legislation be used as a basis for
discussion? Frankly, I think either option would be pretty good, and
both are better than the closed-door process that's taken place so far.
A public inquiry of any sort at any time could provide a framework for
consideration of the grassroots concerns we've seen articulated
informally in the past few weeks via facebook and in the mainstream
media.
But there's also another way for the Government to follow through on a
resolution to listen more. The political powers ought to start
listening to the policy analysts in the line departments whose job it
is to think about the difficult questions the Government is facing
right now. Minister Prentice must pay attention to the recommendations
of the people working at the Intellectual Property Policy Directorate.
And most of the front line folks from the Copyright Policy branch that
I've met also have fairly balanced opinions about the copyright reform
process.
I realize that taking advice from bureaucrats may
not be the Conservatives' cup of tea, but given the circumstances this
Government is now in, I don't think there's much choice. Now, maybe the
Ministers have been listening to the policy wonks all along. But I have
a hunch the rumoured reforms we were going to see were politically
motivated promises, not carefully considered policy decisions.
I should also admit that I'm not entirely sure I'd
even agree with recommendations coming from the Departments' policy
branches. But I do know that there are some very intelligent people
working in those places, and if Minister Prentice is looking for cues,
he'd do well to defer to the judgment of his experienced policy
experts. And even if I did disagree with the Departments' ultimate
recommendations, I'd rather have copyright law driven by policy than
politics.
So, in sum, the Government should resolve to start listening. Pay
attention to the facebookers clamouring to be heard. Hold meetings with
educators, librarians, privacy watchdogs, high-tech companies, actual
Canadian artists and other organizations with a stake in these reforms.
A public inquiry is the best way to do that. In the meantime, however,
take some advice from the people in Government who know what they're
talking about.
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