Protect Canadians Against Copyright Profiteering

Write a letter to Ottawa and help stop the Canadian DMCA

Canada is soliciting input from Canadians regarding changing copyright laws. Big Media’s voice is being heard. Is yours?

My family creates copyrightable material: stories, poetry, songs and recordings thereof. With liberal copyright options (such as Creative Commons — our creations can be consumed widely whilst appropriately attributing the works to us. That’s much more useful than “all-or-nothing” laws.

We also have many friends and associates in formal arts and entertainment industries. The various attempts by Canada to deal with modern realities have only benefitted corporations and lobbyists, not artists. We have an opportunity to do something truly different, and liberalise Canada’s copyright laws. We could defy the powerful corporate slaveowners that offer chains masquerading as contracts.

We cannot stop piracy; it would be a neverending war that will never end. The only benefit is to keep citizens in fear, artists broke and bureaucrats employed. It is absolutely not worth it.

What follows is a letter written and sponsored by the Canadian Coalition for Electronic Rights. That’s the letter that you’d be encouraged to send by clicking the banner above.

As a -consumer- of digital media and electronics I stand to be greatly impacted by changes to the Canadian copyright regime. I am worried that this Government may wrongly adopt the American approach to digital copyright law as evidenced by prior draft bills including Bill C-61.

It is essential that Canadian copyright laws -advance- consumer and creator interests by not employing an all-encompassing prohibition on the development and manufacturing of circumvention devices and technologies, commercial trade of circumvention devices and technologies, the possession and/or utilization of any device or technology that can circumvent a TPM or DRM for a non-infringing purpose or otherwise lawful activity such as fair dealing, interoperability, time and format shifting.

The Copyright Act should be amended to bring the backup copy provision into the 21st century by expanding the right to make an archival backup copy to all digital consumer products regardless of format or media.

Amendments to the Copyright Act seeking to add provisions relating to the liability of Internet intermediaries and subscriber actions should take a “notice and notice” approach that will provide the best balance between the protection of intellectual property rights and the fundamental rights of individual and academic expression.

Amendments to the Copyright Act need to ensure that statutory damages are limited and users must be protected from statutory damages if the user has good-faith to believe their actions and use of the work in question was fair and non-infringing, or if the user is engaged in purely private and non-commercial activity.

The concept of technological neutrality is paramount when considering changes to Canada’s copyright regime that will withstand the test of time. The Government must not integrate protection for specific technologies or business models into any amendments to the Copyright Act (e.g. all-encompassing prohibition of circumvention devices and technologies). Any new legislation should be technologically-neutral to maintain flexibility into the future.

To further foster innovation, creativity, competition and investment in Canada and to position Canada as a leader in the global digital economy, it is important to expand and protect the doctrine of fair dealing. As fair dealing will undoubtedly provide any new legislation with the elasticity to adapt to future business models and new forms of creativity.

In order to direct and facilitate the digitization of Canadian heritage, a clear commitment needs to be made in order to preserve the current term of copyright. A pre-determined and generally accepted public domain date must be established for the good of all Canadians and the preservation of the heritage we so proudly maintain.

Finally, I strongly believe that as a member country actively engaged in the Anti-Counterfeiting Trade Agreement (ACTA) Canada should not allow this non-transparent trade agreement to override the democratic process and legal framework of the Canadian domestic Copyright Act. While supposedly designed to address counterfeit physical goods as well as Internet distribution and information technology, ACTA provisions may prove to over-ride any type of domestic copyright laws and negate the entire copyright reform process.

Fortunately, there remains time and opportunity for Canada to draft legislation to ensure that the rights, values and interests of all Canadians are reflected in a truly Canadian-to-the-core approach to copyright reform. I am encouraged by the public consultations on copyright that the Government is engaged in and I am confident that this will open up the development of Canadian copyright policy to more than just traditional lobby groups and the corporate interests that have directed policies in the past.