Fresh off the Canadian Press story that the suggests a copyright bill delay, copyright reform made it back onto the floor of the House of Commons. NDP MP Charlie Angus posed two questions (audio) (video) (transcript) to Industry Minister Jim Prentice, packing in the LeBreton comment about the dangers of […]
Post Tagged with: "copyright for canadians"
Speaking to the Parliamentary IP Caucus
I have been critical of the Parliamentary IP Caucus, so I should be equally quick to praise where appropriate. Tonight I was invited to appear before the caucus and given two full hours to make a presentation and participate in an engaging discussion on copyright. The meeting was well attended with members from all four parties in attendance.
My powerpoint slides are posted below (the first half of the talk covered the same ground as the Copyright Myths presentation I gave a couple of weeks ago). My key messages centred on putting copyright reform in context and getting the key content issues right. From context perspective, I highlighted:
- the need to recognize both the importance and limits of copyright
- the lack of recent consultation
- how Canadian copyright law is not nearly as weak as critics suggest
- why the WIPO Internet treaties provide great flexibility in implementation
- why focusing on copyright may undermine the efforts to address commercial counterfeiting
- how there are many voices expressing concern with a Canadian DMCA approach
I was also asked about my recommendations for reform. I provided nine points:
Conservatives Could Face Long, Hot Copyright Summer
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.
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.
The Conservative Policy on Treaty Ratification in Action
As Industry Minister Jim Prentice prepared to introduce copyright legislation earlier this year, the Conservatives unveiled a new policy that committed to a 21 day House of Commons review period of any treaty prior to the introduction of any ratifying legislation. I argued that this would seemingly apply to the […]
Recent Posts
The Law Bytes Podcast, Episode 232: What Will Canadian Digital Policy Look Like Under the New Liberal Carney Government? 
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards 
The Law Bytes Podcast, Episode 230: Aengus Bridgman on the 2025 Federal Election, Social Media Platforms, and Misinformation 
The Law Bytes Podcast, Episode 229: My Digital Access Day Keynote – Assessing the Canadian Digital Policy Record 
Queen’s University Trustees Reject Divestment Efforts Emphasizing the Importance of Institutional Neutrality
