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I’ve been researching and writing about the provinces’ role in debates about copyright reform for a few years already, but only recently have provincial governments begun to think strategically about this topic.

A posting on FYI music drew my attention to this study for the music industry in Ontario, which is actually part of a package of recent reports that address book and magazine publishing in the Province too. Read the reports and you’ll see there are some really good ideas in these reports for supporting creators and investors in the creative industries.

Though some of the copyright-related conclusions are based on flimsy evidence, what got my attention was the fact that the Provincial Government is interested in copyright at all. For example, the music industry study includes among its recommendations:

that provincial ministries engage the Ontario music industry and fellow creative industry representatives in a high level, inter-ministerial forum that would engender an open dialogue around key copyright issues.

The report recognizes that copyright is an area of federal jurisdiction, but notes that there are things the Province can do. More specifically, the 110-page report includes the following analysis of copyright issues for the Province to confront:

Thus, the province could help build awareness in the educational system about the rights of IP owners. An educational initiative can take many forms as demonstrated in other jurisdictions.

 

Other jurisdictions, like Japan, have taken a holistic approach to copyright and IP reform, focusing on inter-disciplinary protection, and study across technology, economy, law, environment, health, ethics and other sectors. One option for Ontario would be to adopt the proposal of the Ontario Chamber of Commerce for a broad-based coalition of IP stakeholders to work with several provincial ministries. Such a coalition would focus on Ontario-based solutions – such as education in schools, compliance measures, and the like.

 

It could also help develop Ontario’s overall position for responding to amendments to the Copyright Act. Presumably, then, its scope would encompass the interests of the full range of stakeholders, including those inside and outside the music industry (e.g. the issue of educational exceptions).  From the provincial government side, ministry participants in addition to MCL could include MRI, MEDT, Consumer and Business Services (CBS), and Finance.  To better facilitate inter-ministerial communication, it may be necessary to engage the Premier’s Office as a coordinating body. Issues to be resolved in and around this table may include:

• IP education for consumers, businesses, and government;
• Enforcement programs which satisfy privacy concerns;
• Voluntary or legislative compensation accords (e.g. ISP levies, blanket licensing);
• Ongoing updating of copyright frameworks ensuring a flexible framework to ensure continued relevance;
• Monitoring and accessing international precedents (e.g. enforcement, education and flexible legislative solutions, and copyright mechanisms).

While I'm certainly not sold on the idea of an "educational initiative", and I can't say I agree with the substantive positions put forward previously by the Ontario Chamber of Commerce, I do think it is great that the copyright debate is being broadened.

Indeed, I think greater involvement from all provincial governments in copyright reform is a brilliant idea. We need a more democratic process for developing copyright policy in Canada, and my research is starting to show that decentralization of discussions can help facilitate that. But if – and only if – there’s a commitment to a transparent and inclusive consultation, and a promise to represent the interests of all interested stakeholders including the general public, not just well-organized lobby groups promoting special interests. Hopefully we see the Ontario Government and the governments of other provinces make that kind of commitment to meaningful consultation, and to pressure the federal government to do the same.