Tracking the Copyright Consultation Roundtables: Fair Dealing Emerges As Top Issue

The copyright consultation roundtables have now passed the midway point with five completed (there may be as many as four still to go – Edmonton, Quebec City, and Toronto are confirmed, Peterborough is also apparently on the list).  With many of Canada's big copyright groups having already appeared, it is worth taking stock of where things stand. 

While there have been many issues raised – everything from ending crown copyright to reforms to photographer provisions – four in particular have dominated.  First, there has been more support for extending fair dealing than any other issue.  Over 20 participants have cited the need for expanding fair dealing, most calling for a much broader approach.  There have been just a handful of opponents to this approach, primarily from the publishing and copyright collectives.

Second, the need to implement the WIPO Internet treaties has been raised repeatedly.  Of course, WIPO implementation on its own doesn't say much – the key question is whether to adopt a C-61 style approach or a more flexible C-60-like approach on the anti-circumvention provisions.  Thus far, there has been more support for linking anti-circumvention legislation to actual copyright infringement than for the C-61 DMCA-style model.

Third, there has been a steady stream of support for new levies and fees to compensate online copying.  This has taken the form of an ISP levy for legalized P2P, an expanded private copying levy, or broader collective licencing schemes.  This support derives primarily from the collectives and some artists groups.

Fourth, the role of intermediaries has come up frequently.  ISPs and consumer groups have expressed support for the notice-and-notice system found in both C-60 and C-61.  Others have called for notice-and-takedown, while yet others have hinted (or directly called for) a three-strikes system.

The chart below highlights the 64 organizations and individuals that have participated in the roundtables along with their key messages.

Location Name and Organization Key Messages
Vancouver Richard Brownsey, British Columbia Film Balance
  Paul Whitney, Canadian Urban Library Council Library exemptions, expansion of fair dealing, circumvention for non-infringing purposes.
  Danielle Parr, Entertainment Software Association of Canada Anti-circumvention provisions, Canadian piracy of video games is disproportionate to the United States, TPMs used for more than preventing piracy.
  Mira Sundara Rajan, Canada Research Chair and Intellectual Property Law at UBC Balance and clarity in copyright, Canada signed the WIPO treaty and should implement it.
  Richard Rosenberg, BC Freedom of Information and Privacy Association Effects on privacy if too many responsibilities are handed to ISPs.
  Niina Mitter, British Columbia Library Association’s Copyright Committee Opposed to blanket prohibitions of circumvention devices, exemptions for the disabled, defence of a good faith belief that infringing actions were protected by fair dealing, expand fair dealing.
  Elizabeth Reigns, President, British Columbia Association of Magazine Publishers Lawsuits against individuals do not help protect creators, balance, end Crown Copyright.
  Lisa Codd, British Columbia Museums Association Copyrights terms for photographs.
  Charles Laser, Writers Guild of Canada Restrict commercial infringement and not consumer behaviour, legalize format shifting and time shifting, implement WIPO.
  Bill Henderson, Songwriters Association of Canada Legalize P2P with monthly ISP levy.
  Margot Patterson, Canadian Association of Broadcasters The government should consider the implications for the marketplace of the provisions it puts into place.
  Steven Ellis, Canadian Film and Television Production Association Clarity and balance, supportive of TPMs, increase web capacity instead of throttling, levy on ISPs.
  Geoff Glass, Vancouver Fair Copyright No parody protection in Canada for shows like The Daily Show or The Colbert Report, limit anti-circumvention to infringing activities.
  Ian Boyko, Canadian Federation of Students Expand fair dealing in line with the case of CHH v. The Law Society of Upper Canada.
Calgary Lee Webster, Canadian Chamber of Commerce Copyright rewards creative efforts, Canada lags in IP reform, supportive of WIPO and Bill C-61.
  Catherine A. Campbell, Canadian Publishers' Council Agreed with the principals of Bill C-61, implement WIPO, support licensing options.
  Peter Pilarski, Alberta Director Retail Council of Canada Technologically neutral changes to copyright, clarify fair dealing.
  Kay Shea, Vice President External of the University of Calgary Students Union Digitization of learning, legitimate uses for circumvention devices.
  Rob Tiessen, Canadian Library Association Expand fair dealing, create a good faith defence to statutory damages, circumvention for non-infringing purposes, end Crown Copyright, notice-and-notice system over notice-and-takedown.
  Cynthia Rathwell, Vice President of Regulatory Affairs Shaw Communications Opposed to a graduated response which could lead to ISPs denying Internet access to households, notice-and-notice over notice-and-takedown.
  Gary Maavara Corus Entertainment and Canadian Association of Broadcasters Exemptions for radio stations
  René Smid, Executive Director for Digital Alberta Free media is not a sustainable business model, expand fair dealing.
Gatineau Serge Sasseville, Quebecor Supported C-61, welcomed making file-sharing illegal, urged the implementation of WIPO, digital copyright reform, support notice-and-notice for ISPs
  John Lawford, Public Interest Advocacy Centre Danger of anti-circumvention without link to copyright infringement, legalize time and format shifting, favour notice-and-notice, concerned about Lawful Access creeping into copyright.
  Jeremy deBeer, University of Ottawa Canadian copyright law among the best in the world, DRM is an outdated business model, fair dealing reform, technologically-neutral approach.
  Steve Wills, Manager of Legal Affairs Association of Universities and Colleges of Canada Balance, Internet exception for education, exempt ISPs from copyright liability.
  Rick Theis, Canadian Alliance of Student Associations Fair use for education, digital transfers within libraries, digital locks could limit fair dealing and access for the disabled.
  Michael Geist, University of Ottawa Technologically neutral approach, greater clarity and simplification of the Act, flexible Act, guard against DRM.
  Violet Ford, Inuit Circumpolar Institute Concerns about Inuit intellectual property and traditional knowledge.
  Paul Jones, Canadian Association of University Teachers Expand fair dealing, anti-circumvention with link to copyright infringement, allow for the defence of a good-faith belief that the infringement was covered by fair dealing.
  Mathew Johnson, Media Awareness Network Educational exceptions, anti-circumvention and fair dealing not inhibit media education.
  Brian Boyle, Canadian Photographers Coalition Photography provision
  Diana Nemiroff, Canadian Museums Association Exhibition right, costs to museums.
  Rosalie Fox, Canadian Association of Law Librarians Expand fair dealing, preservation and access to digital material.
  Laura Murray, Queen's University Balance, clarity, fair dealing, anti-circumvention with link to copyright infringement.
  David Keeble, Consultant Benefits in the value chain, monetize P2P, copyright tariffs based on consumption, not copying.
  Roanie Levy, Access Copyright Fair dealing reforms inappropriate where collective licences available.
  Nancy Morrelli, Association of Canadian Archivists Digital environment allows for expanded archives, equal access, technological neutrality, restrictions on archiving.
  Jay Kerr-Wilson, Business Coalition for Balanced Copyright Fair use exception, free market and regulatory measures as last resort, anti-circumvention with link to copyright infringement, networks should not play enforcement role.
  Graham Henderson, CRIA WIPO drives innovation, unrestrained file sharing hurts Canadian artists, balance, clear and predictable rules, foster innovation, framework consistent with international standards.
  Jessica Litwin, Canadian Conference of the Arts No position taken
  Fran Cutler, CNIB Specific reforms to perceptual disabilities provision, right to circumvent TPM
Winnipeg Carolyn Wood, Association of Canadian Publishers Print books still sustainable business model, no change to fair dealing, avoid format specific law.
  Sid Rashid, University of Manitoba Students' Association Fair dealing, format shifting.
  Merit Jensen-Carr, Documentary Organization of Canada Documentary makers cannot afford copyrighted material, expand fair dealing, U.S. fair dealing more flexible.
  Karen Adams, Canadian Association of Research Libraries (CARL) Balance, clarify fair dealing, circumvention for non-infringing purposes, concerned about high statutory damages.
  Nichole Cyr Hiebert, MTS Allstream Opposed to ISP liability or taking on a policing role, notice and notice, personal use rights, link circumvention to copyright infringement, technological neutrality.
  Cecilia Araneda, Winnipeg Film Group Artists need fair dealing, opposed to a statutory damage system, clarity and consistency.
  Christopher Dutchyn, University of Saskatchewan No to copyright term extension, opposed to digital locks, access to digital materials, fair dealing.
  Sean McManus, Manitoba Music Less aligned with CRIA, not interested in anti-circumvention legislation or suing their fans, looking for new ways to monetize.
  Alan Willaert, American Federation of Musicians Endorsed C-61, WIPO, current fair dealing protections are adequate, notice and takedown, expand private copying.
Halifax Paul Sharpe, American Federation of Musicians Performers deserve to be compensated, implement WIPO, expand private copying levy.
  Wendy Noss, Canadian Motion Picture Distributors Association Implement WIPO, ISPs should play a greater role, consumers have more legitimate options in countries with reformed copyright laws.
  Annie Morin, Canadian Private Copying Collective Expand private copying levy to deal with new technologies
  Ian McKay, NRCC Implement WIPO, commercial radio unfairly subsidized at the cost of artists.
  Paul Taylor, International Alliance of Theatrical Stage Employees Implement WIPO, protect TPMs, ISPs must play a role in halting copyright infringement, notice-and-notice is inadequate, favour notice-and-takedown.
  Dan Soucoup, Nimbus Publishing New business model, fair regime.
  Brad Keenan, Alliance of Canadian Cinema, television and Radio Artists (ACTRA) Implement WIPO, update private copying regime to new technologies, mechanism for creators to pursue online infringement, look to European model and not U.S. model.
  Barry Sookman, McCarthy Tetrault Implement WIPO, anti-circumvention legislation, graduated response, no broad fair dealing.
  Marc Belliveau, Stewart McKelvey Opposed to using language like “thief” and “pirate” that lowers the debate.
  Jonathan Stevens, Music Nova Scotia Levies on ISPs for legal content, distribution of royalties.
  Marian Hebb, Lawyer Parody exception, collective model for other exceptions with ISP levy.
  Don Quarles, Songwriters Association of Canada (SAC) Legalize P2P with monthly ISP levy.
  Michael Hilliard, Microsoft Canada Implement WIPO, generally supportive of Bill C-61, protection of TPMs, statutory damages.

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