Michael Geist

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Copyright Fear Mongering Hits a New High: Writers Groups Post Their C-32 Brief

A coalition of English-language writers organizations have publicly posted their response to Bill C-32. Despite an ideal opportunity for constructive dialogue and a good faith effort to find compromise positions on the more contentious elements of the bill, the groups have chosen to increase the level of fear mongering with a misleading and often inaccurate document that implausibly claims the end of Canadian publishing is near if C-32 is passed in its current form.

Perhaps most disappointingly, the groups had promised in August to offer “constructive suggestions”, particularly on the issue of fair dealing, which was said to require clear legislative guidance. Rather than offering proposed language for such guidance, the groups simply want to hit the delete key. Inclusion of education as a fair dealing category? Delete. Non-commercial user-generated content? Delete. Digital inter-library loans? Delete. Format shifting for private purposes? Delete.

At a time when the opposition parties are asking for constructive advice on how to determine the confines of issues such as fair dealing, the writers groups maintain that there is no scope for including education as a category and refuse to offer any suggested language to improve the bill. Instead, they offer hyperbolic claims about how C-32 violates international copyright law (despite the fact that the U.S. typically offers more flexibility on these issues) or will result in unfettered copying (ignoring the fact that fair dealing includes a test for determining whether the copying is fair).

The full issues and recommendations section from the document (in italics) – along with a much-needed reality check – are posted below:

November 15, 2010 — 57 comments — News

Access Copyright Plea to Negotiate Too Little, Too Late

Howard Knopf has another post on Access Copyright and its effort to exclude 99 objectors to its tariff and to convince the Copyright Board of Canada to issue an “interim tariff” so that an important source of revenue continues to flow even as the collective demands a massive increase in fees. Knopf points to the many legal reasons why the interim request should be rejected in his post, which comes just as Access Copyright posts a open letter to the post-secondary education community. The letter claims that many in the education community are confused and frustrated by the current situation and professes to remain “open to negotiation so that we may continue to play a role in helping your institution reach its teaching and learning objectives.”

The letter has an air of desperation (not to mention hypocrisy given that it is addressed to the post-secondary education community, many of whom Access Copyright is seeking to exclude from the tariff hearings) as the realization sets in that the tariff process has emerged as the catalyst for many to rethink the need for the Access Copyright licence. Much like any insurance policy, if the price is right and the policy provides value, consumers are willing to pay the annual premium. When prices skyrocket and doubts emerge about the value of the policy, consumers tend to think about alternatives.

November 12, 2010 — 19 comments — News

Consumers Face Barriers in Taking Advantage of Wireless Competition

As Industry Minister Tony Clement prepares to provide an update on Canada’s digital economy strategy later this month, the state of competition within the Canadian wireless sector promises to play a prominent role. Consumers have bemoaned the dominance of the big three carriers for years, leading to complaints about limited choice and high prices.

My recent technology law column (Toronto Star version, homepage version) notes that in recent years, however, the government has begun to map out a strategy to address the competitiveness concerns. The 2008 spectrum auction opened the door to new competitors, with many launching over the past year. Moreover, the prospect of removing foreign ownership restrictions is gaining traction and there are indications that additional spectrum will soon be made available.

While these changes have established a market with more providers, the ability for consumers to take advantage of greater competition remains a work-in-progress.

November 11, 2010 — 16 comments — Columns

Information Commissioner Calls for Reinstatement of CAIRS

The Information Commissioner of Canada has called for the reinstatement of the CAIRS database, which provided access to past information requests. She notes rightly notes that the government could – and should – go much further than sites such as CAIRS.Info, which I launched a couple of years ago.

November 11, 2010 — 1 comment — News

UK Court to Review Digital Economy Act

BT and TalkTalk, two leading UK ISPs, have won judicial review of the Digital Economy Act, which contains graduated response provisions. The court will assess whether the law conflicts with EU legislation.

November 11, 2010 — 1 comment — News