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Hill Times on copyright reform

November 2nd, 2009

The Hill Times released a policy brief yesterday Monday all about copyright reform (pdf). If I were to identify a theme running throughout the article, it’s that the process of copyright reform is as important as the result. For example, Ministers Moore and Clement focus on the public consultations held over this past summer.

Rather than try to summarize everyone, I’ll highlight some key passages and let the writers’ words speak for themselves. I’ll start with Simon Doyle, who writes about the reasons that Canada has seen a number of bills introduced but no actual progress since signing the WIPO treaties in the 90s. He writes:

When governments deliver initiatives, they want “wins.” They want their policies to grow their political capital, and if not grow it, spend very little of it. Copyright reform involves international legal frameworks, and so many lobby groups, companies, organizations, and now the public, that—in the words of one copyright lobbyist I know—“it’s a no-win for any government.”

Introducing a copyright reform bill is kind of like swatting at a beehive with a big stick. In all likelihood, you’re going to get stung. (27)

Howard Knopf writes about the some of the pitfalls of copyright collectives.

Collective administration is essential for copyright, but it does not follow that more and more inefficient collectives and more protracted and expensive hearings are better for public policy. (29)

Guiseppina D’Agostino writes about the need for simplicity and evidence-driven policy:

I spoke about these three things at the Federal Government’s Toronto Roundtable held in Toronto on Aug. 27, 2009. Namely, we need to consider (1) process in copyright reform (2) copyright within IP (and other areas of law); and (3) substance in simplicity.

[...]

We need to be guided by more independent, evidence-based research. This should not be something that is done at the drafting stage: it should be the evidence that guides the policy reform and not the interest groups. (30)

Michael Geist identifies eight conclusions drawn from the submissions to the consultations held over the summer. They are:

  1. Copyright policy has gone mainstream
  2. There is support for implementing the World Intellectual Property Organization’s Internet Treaties, but on Canadian terms
  3. Groups from across the spectrum support fair dealing reform
  4. Canadians want to modernize copyright law to reflect common consumer uses
  5. Ensuring creators get paid is essential
  6. Government should lead by example
  7. Copyright reform is directly linked to broader digital policy issues
  8. Preserve Canadian choices by pursuing a Made-in-Canada solution (26)

MP Charlie Angus continues to push for progressive policy, ending his contribution with:

Is progressive copyright legislation possible? Certainly. Will it be easy? Certainly not.

Anyone involved in copyright will tell you the devil is always in the details. But as a U.S. copyright lawyer said to me recently, the world is watching Canada because Canada has the ability to learn from the mistakes of countries like the U.S. (26)

The issue is definitely worth downloading and giving a read. Nobody breaks any new ground, but it’s a good collection of viewpoints on copyright reform. I’ll end with another quote from Charlie Angus:

Canada has the opportunity to get it right.

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Paul "640k" IP ,

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