The Hill Times runs a special op-ed (Hill Times version (sub req), homepage version) I wrote that outlines an alternative policy path for the Conservatives on copyright. If the Ottawa rumour mill is correct, Industry Minister Jim Prentice will introduce copyright reform legislation in the next few weeks. The decision to forge ahead with the controversial reform package is a curious one. While the pressure from the United States to act continues to escalate – representatives from the U.S. Embassy paid a visit to the Parliamentary intellectual property caucus last week and caucus members plan to travel to Washington later this month – there are alternatives that would address some of the top intellectual property concerns without subjecting Conservative MPs to a steady stream of criticism throughout the summer from concerned consumers, educators, and businesses.
Latest Posts
Fair Dealing and Media Use of Flickr Photos
The Torontoist covers a recent decision by the Canadian Broadcast Standards Council on CityNews' use of photos from Flickr in a news report without attribution. City argued that the use was covered by the news reporting provisions in fair dealing. The CBSC disagreed, noting that the statute requires attribution.
Knopf on Getty Images
Howard Knopf on Getty Images copyright threats to Canadians over the use of unlicensed images on websites.
Degen Offers Free Download of Novel
John Degen, Executive Director of the PWAC, is offering The Uninvited Guest, which was short-listed for Canada's best First Novel Award, as a freely downloadable PDF.
Records Indicate Government Misusing Crown Copyright
As Industry Minister Jim Prentice prepares to introduce new copyright legislation, crown copyright is unlikely to be part of the reform package. My weekly technology law column (Toronto Star version, homepage version) notes that according to documents obtained under the Access to Information Act, there may be a disturbing reason behind the government's reluctance to address it – crown copyright costs Canadians hundreds of thousands of dollars while being used as a tool to suppress public criticism of government programs.
Dating back to the 1700s, crown copyright reflects a centuries-old perspective that the government ought to control the public's ability to use official documents. Today crown copyright extends for fifty years from creation and it requires anyone who wants to use or republish a government report, parliamentary hearing, or other work to first seek permission. While permission is often granted, it is not automatic. The Canadian approach stands in sharp contrast to the situation in the U.S. where the federal government does not hold copyright over work created by an officer or employee as part of that person's official duties. Government reports, court cases, and Congressional transcripts can therefore be freely used and published.
The existence of crown copyright affects both the print and audio-visual worlds and is increasingly viewed as a barrier to Canadian film making, political advocacy, and educational publishing.
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