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Cultural Policy

British Library To Offer 65,000 Free E-book Downloads

Monday February 08, 2010
The British Library plans to make more than 65,000 19th century works of fiction available as free downloads for the public this spring.
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CBC.ca and iCopyright

Monday February 01, 2010
There is lots of coverage of the CBC.ca's use of the iCopyright system.  I reference it in this week's column as an example of what a publicly funded institution should not be doing.  The most comprehensive coverage comes from Cameron McMaster at the Canadian Media Policy Portal here and here.
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NFB Unreels Online Smash Hits

Monday February 01, 2010
In recent years, Canadians have become increasingly accustomed to hearing about Internet success stories elsewhere with fewer examples of homegrown initiatives. However, as my weekly technology law column (Toronto Star version, homepage version) discusses, an unlikely Canadian online video success has emerged recently that has not received its due - the National Film Board of Canada’s Screening Room


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National Film Board Unreels Online Smash Hits

Monday February 01, 2010
Appeared in the Toronto Star on February 1, 2010 as National Film Board unreels online smash hits

In recent years, Canadians have become increasingly accustomed to hearing about Internet success stories elsewhere with fewer examples of homegrown initiatives. However, an unlikely Canadian online video success has emerged recently that has not received its due - the National Film Board of Canada’s Screening Room. 

The NFB may never replace YouTube in the minds of most when it comes to Internet video, but a series of innovations have highlighted the benefits of an open distribution model and the potential for Canadian content to reach a global audience online.

Last year, just months before the NFB celebrated its 70th anniversary, it launched the NFB Screening Room, an online portal designed to make its films more readily accessible to Canadians and interested viewers around the world.  To meet its objective, it committed to be as open, transparent, and accessible as possible, including making the films freely available and embeddable on third party websites.

In January 2009, the site started with 500 films.  Today, the number of available films has nearly tripled, with almost 1,500 films, clips, and trailers.  The growing selection has been accompanied by a massive increase in audience. There have been 3.7 million online film views over the past year - 2.2 million from Canada and 1.5 million from the rest of the world.  That number is set to continue to grow as daily views have jumped from 3,000 per day in January 2009 to more than 20,000 film views per day in January 2010.

The site also uses mobile technology to increase public access and exposure to Canadian films.  In October 2009, the NFB launched an iPhone application that has been downloaded more than 170,000 times and led to more than 500,000 film views on the ubiquitous mobile device.

Interestingly, the NFB reports the most popular viewing time is in the evening hours, suggesting that watching a film online is an effective substitute for conventional television programming.   

The NFB also rolled out new participative initiatives.  For example, it launched an "open content" project called GDP, an interactive one-year effort to document the economic crisis. The NFB invited Canadians to submit their own videos discussing the effects of the economic downturn, leading to more than 25 videos along with hundreds of photos and text comments.

The NFB success story is noteworthy for two reasons beyond the impressive statistics.  First, the project is instructive from a public policy perspective.  As the NFB’s content manager recently noted, the Screening Room “puts the films back in front of the people who paid for them in the first place - Canadian taxpayers.” 

That philosophy ought to be emulated by other publicly funded cultural bodies. For example, CBC.ca recently began promoting an online licensing system that charges sites as much as $250 per month to embed a single article on a website.  While the desire for additional revenue is understandable, the goal for a publicly funded body surely must be to make public access the priority, rather than to garner small incremental revenues.

Second, the NFB has demonstrated the potential of the Internet and new media to attract new audiences for Canadian content.  The old regulatory models premised on scarcity that led to Canadian content requirements are disappearing quickly, replaced by a world of abundance in which artificial barriers do little to keep content out. 

As the NFB recognized, remaining relevant in that world requires ensuring your work is accessible as possible. While there are unquestionably risks, there are tremendous potential benefits for Canadian creators and the export of Canadian culture.


Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.


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National Library of the Netherlands Plans to Digitize Everything

Wednesday January 13, 2010
The National Library of the Netherlands has unveiled a strategic plan that includes creating a new national digital infrastructure with access to everything published in and about the Netherlands.
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Consumer Choice The Key To Solving Fee-For-Carriage Fight

Monday November 02, 2009
Appeared in the Toronto Star on November 2, 2009 as Consumer Choice Key To Ending This Fight

For the past two months, Canadians have been subjected to a non-stop marketing campaign pitting two deep-pocketed industries - broadcasters and broadcast distributors - against each other.  Television and radio commercials, full-page newspaper advertisements, websites and Twitter posts all seek to convince the public that new fees for local television signals are, depending on your perspective, either a TV tax or crucial funding to save local television.

Broadcasters claim some local TV stations will close if they do not receive millions in additional fees from cable and satellite companies as compensation for distributing their signal.  Cable and satellite companies leave little doubt they will pass along any new fees - possibly as much as $10 per month per subscriber - to their customers. The additional fees inevitably will not come from the bottom lines of cable and satellite companies, but rather from the pockets of consumers.

While the reaction for many Canadians might be sensibly to tune out the entire mess (today is the deadline for comments), politicians and regulators will still be left seeking a solution. In fact, some politicians have pledged to support local television, but also promised to avoid new consumer costs.  Can these two positions be reconciled?

Perhaps.

The answer may lie in giving consumers more choice, by allowing them to pay only for the channels they want - regardless of whether they are local, foreign, or specialty (such as CNN or movie networks).  

A full "a la carte" model would require three steps. First, exclude public broadcasters from the issue altogether. The CBC argues it is also entitled to fee-for-carriage compensation, yet that runs counter to the very notion of a public broadcaster.  The public has already paid for the broadcasts and should not be asked to pay again.  Public broadcasters should instead form a new basic tier for cable and satellite providers that would be considerably cheaper since it would only include channels for which no fees are attached.

Second, make all remaining channels - local, foreign, and specialty - optional for consumers.  Groups of channels can still be packaged to offer better value (sports, movie, local channel, or U.S. channel packages), but the crucial difference from the current system would be that Canadian consumers would get to decide what channels they want to pay for.

Third, institute a fee-for-carriage system so private broadcasters are compensated for their local signals where consumers choose to subscribe.  If Canadians are really concerned with their local television, they will subscribe and the broadcasters will be the beneficiaries. If the Canadian broadcasters are wrong, however, they lose both compensation and mandatory carriage.

Such a system should meet everyone's needs. Politicians succeed in getting local television stations fees for their signal without forcing consumers who don’t want the channels to pay for them.  Consumers gain much-needed control over their cable bills so that they are not forced to pay new fees for signals they don’t want.  Broadcasters get their long sought-after fee-for-carriage model.  

Moreover, this approach fosters incentives for broadcasters to invest in local news and original programming because strategies based on simply licensing popular U.S. content will become less effective as consumers anxious to view those programs subscribe to the U.S. channels rather than the Canadian simulcast.

Adopting a genuine choice model would undoubtedly represent a dramatic shift in Canadian broadcast policy that has long featured must-carry obligations for Canadian broadcasters.  Yet it is the broadcasters themselves that argue for a new paradigm.  A system that matches fee-for-carriage with consumer choice may best reflect the needs of a television universe scarcely imagined when the Broadcasting Act was first drafted.

Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.


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Jesse Brown: Publicly Funded Content Should Be Public Domain

Tuesday September 15, 2009
Jesse Brown of Search Engine has a guest post at BoingBoing that stirred up considerable discussion.  Brown argues that publicly funded content should be released to the public domain within five years of creation.
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Has Someone Hit the Delete Key on Canada's Digitization Strategy?

Saturday September 12, 2009
Digitization of books has become synonymous over the past year with the Google Book Search project and the class action lawsuit launched in response to the search giant's efforts to create an Internet-based library consisting of millions of books.  While the digitizing continues, the legal drama reached an important stage this week when a court in New York closed third-party submissions supporting or criticizing the settlement. The attention on Google Book Search is understandable, yet it has distracted from the broader question of government supported digitization efforts. My weekly technology law column (Toronto Star version, homepage version) noted that many countries have not been content to leave the digitization of their culture and heritage to Google, instead embarking on plans to create their own digital libraries.  


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Has Someone Hit the Delete Key on Canada's Digitization Strategy?

Monday September 07, 2009
Appeared in the Toronto Star on September 7, 2009 as Digitization of Canada's Heritage Left to Google

Digitization of books has become synonymous over the past year with the Google Book Search project and the class action lawsuit launched in response to the search giant's efforts to create an Internet-based library consisting of millions of books.  While the digitizing continues, the legal drama reaches an important stage tomorrow morning when a court in New York will close third-party submissions supporting or criticizing the settlement.

The attention on Google Book Search is understandable, yet it has distracted from the broader question of government supported digitization efforts. Many countries have not been content to leave the digitization of their culture and heritage to Google, instead embarking on plans to create their own digital libraries.  

Canada was once thought to be part of this group - national digitization working groups were established and a strategy seemed imminent - yet plans have languished to the point that it feels as if someone has hit the delete key on the prospect of a comprehensive Canadian digital library.

Canada's failure to keep pace was made readily apparent by the release late last month of a European consultation document on its digitization efforts.  In September 2005, the European Union launched i2010, a digitization action plan.  Several years later, Europeana debuted, a website that provides direct access to more than 4.6 million digitized books, newspapers, film clips, maps, photographs, and documents from across Europe.  The site plans to host 10 million objects by the end of next year.

The majority of the materials included to date are in the public domain - ie. they are no longer covered by copyright and can be used and accessed by all.  In fact, the European Commission has emphasized "works in the public domain should stay there once digitized and be made accessible through the Internet." It acknowledges, however, that this is not always the case since some groups claim rights to digitized copies of public domain works or charge for downloads.

The European consultation document grapples with difficult issues such as guaranteeing access to public domain works and identifying ways to improve access to works that are still subject to copyright protection but are out-of-print, or for which the copyright owner cannot be located.

By comparison, Canada seems stuck at the digitization starting gate.  Library and Archives Canada was given responsibility for the issue but was unable to muster the necessary support for a comprehensive plan.  The Department of Canadian Heritage, which would seem like a natural fit for a strategy designed to foster access to Canadian works, has funded a handful of small digitization efforts but has shown little interest in crafting a vision similar to Europeana.

Digitization law and policies have also gone missing-in-action. The national copyright consultation wraps up next week, but the digitization issue has scarcely been raised.  

The European Commissioner for Information Society and Media Vivian Reding has called for the creation of "a modern set of European rules that encourage the digitization of books."  Yet in Canada, few have placed the spotlight on the legal barriers to creating a national digital library. These include the danger associated with extending the term of copyright or providing overbroad legal protection for digital locks that could render Canadian culture inaccessible.

Supporters once talked about the dream of a national digital library comprised of every Canadian book ever published.  Years later, they are still dreaming.

Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.


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Harvard Study Finds Weaker Copyright Protection Has Benefited Society

Wednesday June 17, 2009
Economists Felix Oberholzer-Gee and Koleman Strumpf have just released a new Harvard Business School working paper called File Sharing and Copyright that raises some important points about file sharing, copyright, and the net benefits to society.  The paper, which includes a helpful survey of the prior economic studies on the impact of file sharing, includes the following:

1.   The data indicates that file sharing has not discouraged creativity, as the evidence shows significant increases in cultural production.  The authors note that:

Overall production figures for the creative industries appear to be consistent with this view that file sharing has not discouraged artists and publishers.  While album sales have generally fallen since 2000, the number of albums being created has exploded.  In 2000, 35,516 albums were released.  Seven years later, 79,695 albums (including 25,159 digital albums) were published (Nielsen SoundScan, 2008).  Even if file sharing were the reason that sales have fallen, the new technology does not appear to have exacted a toll on the quantity of music produced. Obviously, it would be nice to adjust output for differences in quality, but we are not aware of any research that has tackled this question.

Similar trends can be seen in other creative industries.  For example, the worldwide number of feature films produced each year has increased from 3,807 in 2003 to 4,989 in 2007 (Screen Digest, 2004 and 2008).  Countries where film piracy is rampant have typically increased production.  This is true in South Korea (80 to 124), India (877 to 1164), and China (140 to 402).  During this period, U.S. feature film production has increased from 459 feature films in 2003 to 590 in 2007 (MPAA, 2007).

Given the increase in artistic production along with the greater public access conclude that "weaker copyright protection, it seems, has benefited society." This is consistent with the authors' view that weaker copyright is "uambiguously desirable if it does not lessen the incentives of artists and entertainment companies to produce new works."


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